Ferro v. Dinicolantonio (Tex.App.- Houston [1st Dist.] Jul. 23, 2009)(per curiam dismissal)
(entry of final judgment renders appeal of temporary injunction moot)(judicial notice of signed final judgment)
DISMISS APPEAL: Per Curiam
Before Justices Taft, Bland and Sharp
01-08-00744-CV Edward Ferro, Edward Orechia v. Arthur Dinicolantonio and Stephen Dinicolantonio
Appeal from County Court at Law No 3 of Galveston County
Trial Court Judge: Hon. Roy M. Quintanilla
MEMORANDUM OPINION
In this appeal, appellant Jon Edward Orechia sought reversal of the trial court’s grant of a temporary
injunction in favor of brothers Arthur Dinicolantonio and Stephen Dinicolantonio, appellees. On
March 5, 2009, the same date as the appeal’s submission, the Dinicolantonios moved to stay the
case on the basis that a jury trial had commenced. On March 12, 2009, the jury issued a verdict in
the case.
In their unopposed motion to dismiss, the Dinicolantonios inform the Court that the trial court has
signed a final judgment.[1] Once the trial court signed the final judgment, the temporary injunction
expired and no longer exists. Jordan v. Landry's Seafood Restaurant, Inc., 89 S.W.3d 737, 741 (Tex.
App.—Houston [1st Dist.] 2002, pet denied). The entry of final judgment thus rendered the appeal
relating to the temporary injunction moot. See Isuani v. Manske-Sheffield Radiology Group, P.A.,
802 S.W.2d 235, 236 (Tex. 1991); Jordan, 89 S.W.3d at 741.
Accordingly, we grant the motion and dismiss the cause as moot. All other pending motions are also
dismissed as moot.
PER CURIAM
Panel consists of Justices Bland, Sharp, and Taft.[2]
[1] We take judicial notice of the April 20, 2009 final judgment provided with the appellees’ motion.
[2] Justice Tim Taft, who retired from the First Court of Appeals on June 1, 2009, continues to sit by
assignment for the disposition of this case, which was submitted on March 5, 2009.