Background
Twin Pines Conservation, LLC appealed an order granting a temporary injunction issued by the trial court in Bastrop County. The appeal was interlocutory, meaning it challenged a non-final order before the underlying case concluded. After the appeal was filed, the trial court rendered a final judgment on the underlying case on May 15, 2026.
Appellees Schmidt and Wiles filed an unopposed notice stating that the appeal had become moot, attaching the final judgment. The appellees moved to dismiss the appeal for lack of jurisdiction.
The Court’s Holding
The Texas Court of Appeals granted the motion to dismiss. The court affirmed well-established Texas law holding that when a trial court renders a final judgment on the underlying case while an interlocutory appeal is pending, the appeal becomes moot and the appellate court loses jurisdiction to hear it.
The court cited Isuani v. Manske-Sheffield Radiology Group, P.A., 802 S.W.2d 235 (Tex. 1991), for the principle that an interlocutory appeal is rendered moot by entry of final judgment. Accordingly, the court dismissed the appeal pursuant to Texas Rules of Appellate Procedure § 42.3(a).
Key Takeaways
- Interlocutory appeals challenging temporary injunction orders become moot once the trial court issues final judgment in the underlying case.
- Once an appeal becomes moot, the appellate court lacks subject-matter jurisdiction and must dismiss.
- This doctrine applies regardless of whether the appeal itself concerns the merits or only the temporary injunction order.
Why It Matters
This decision underscores a critical procedural reality for parties seeking appellate review of adverse preliminary relief orders: they must do so expeditiously or risk the appeal becoming moot. If the trial court resolves the underlying dispute before appellate review occurs, the preliminary relief order ceases to present a justiciable controversy, rendering the appeal moot.
Litigants challenging temporary injunctions must carefully evaluate the trial court’s timeline and move swiftly if appellate intervention is necessary. Otherwise, the entry of final judgment will foreclose appellate review, making the temporary injunction order unreviewable.