CAUSE NO. 03-14-00725-CV

IN THE

THIRD COURT OF APPEALS

AUSTIN, TEXAS

GEORGE GREEN

Appellant

VS.

PORT OF CALL HOMEOWNERS ASSOCIATION, RANDOLPH HARIG,

PHILLIP JACOBS, JOHN ROSS BUCHHOLTZ AND RICHARD PAT 

MCELROY

Appellees

On Appeal from the 

33RD DISTRICT COURT

of LLANO COUNTY, TEXAS

APPELLEES’ REPLY IN SUPPORT OF THE MOTION 

TO DISMISS BECAUSE OF MOOTNESS

Brantley Ross Pringle, Jr.

State Bar No. 16330001

rpringle@2w-g.com 

Heidi A. Coughlin

State Bar 24059615

hcoughlin@w-g.com

Mike Thompson, Jr.

State Bar No. 19898200

mthompson@w-g.com

Wright & Greenhill, P.C.

221 W. 6th Street, Suite 1800

Austin, Texas 78701

512/476-4600

512/476-5382 (Fax)

Attorneys for Appellees

ACCEPTED

03-14-00725-CV

4311722

THIRD COURT OF APPEALS

AUSTIN, TEXAS

2/27/2015 11:20:28 AM

JEFFREY D. KYLE

CLERK

 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 2/27/2015 11:20:28 AM JEFFREY D. KYLE Clerk
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CAUSE NO. 03-14-00725-CV

IN THE

THIRD COURT OF APPEALS

AUSTIN, TEXAS

GEORGE GREEN

Appellant

VS.

PORT OF CALL HOMEOWNERS ASSOCIATION, RANDOLPH HARIG, 

PHILLIP JACOBS, JOHN ROSS BUCHHOLTZ AND RICHARD PAT 

MCELROY

Appellees

On Appeal from the 

33RD DISTRICT COURT

of LLANO COUNTY, TEXAS

TO THE HONORABLE THIRD COURT OF APPEALS:

NOW COME PORT OF CALL HOMEOWNERS ASSOCIATION, 

RANDOLPH HARIG, PHILLIP JACOBS, JOHN ROSS BUCHHOLTZ AND 

RICHARD PAT MCELROY (“Appellees”), filing their Reply in Support of the 

Motion to Dismiss Appellant’s Appeal Because of Mootness, and would show unto 

this Court as follows:

I.

ARGUMENT AND AUTHORITIES

1. Appellant sought to challenge the trial court’s order controlling discovery in 

that court, claiming that it was an injunction. (Appellants’ Response p. 4) 

However, properly understood, the original order the Appellant has sought to 

appeal is a discovery order. Wood v. Moriarty, 940 S.W.2d 359 (Tex. App.—
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Dallas 1997, no pet). As a discovery order, it is inherently interlocutory and not 

subject to interlocutory appeal. Velez v. DeLara, 905 S.W.2d 43, 45 (Tex. App.—

San Antonio 1995, no writ). More importantly, the trial court vacated the order 

complained of. (Supp. CR 4) Appellant agrees that “without more, the Trial Court 

had jurisdiction to vacate the Second Order and that the appeal would be moot.” 

(Appellant’s Response p. 6) He claims to have “more”. However, properly 

understood, Appellant has no exception here to avoid the rule that a vacated order 

moots the appeal of that order. In Re Campbell, 106 S.W.3d 788 (Tex.App—

Texarkana 2003). Therefore, this court is without jurisdiction to consider the 

appeal, which should be dismissed for mootness. 

2. Despite the trial court action vacating the order he complained, Appellant 

now seeks extraordinary relief of another order. (Appellant’s Response p. 3) 

Assuming arguendo, Appellant has a basis to urge an appeal of the discovery order

prepared and entered after the appealed order was vacated, he should file a new 

notice of intent to appeal. Tex. R. App. Pro. 25.1. Moreover, he can seek review of 

the discovery order at the district court, where the trial judge, who is managing the 

case and is familiar with the situation, retains jurisdiction to do just that.

PRAYER

WHEREFORE, PREMISES CONSIDERED, Appellees pray that the Court 

of Appeals for the Third District of Texas at Austin dismiss this appeal because 

there is no longer an issue in controversy and for further relief that they may be 

justly entitled to at law or in equity.
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Respectfully submitted,

WRIGHT & GREENHILL, P.C.

221 W. 6th Street, Suite 1800

Austin, Texas 78701

512/476-4600

512/476-5382 (Fax)

rpringle@w-g.com

hcoughlin@w-g.com

mthompson@w-g.com

 /s/ Mike Thompson, Jr. 

By:

 Brantley Ross Pringle, Jr.

 State Bar No. 16330001

 Heidi A. Coughlin

 State Bar No. 24059615

Mike Thompson, Jr.

State Bar No. 19898200

ATTORNEYS FOR APPELLEES

PORT OF CALL HOMEOWNERS 

ASSOCIATION, RANDOLPH 

HARIG, PHILLIP JACOBS, JOHN 

ROSS BUCHHOLTZ AND RICHARD 

PAT MCELROY

NOTICE OF ELECTRONIC FILING

The undersigned counsel certifies that on the 27th day of February, 2015, he 

has electronically filed the foregoing document with the Third Court of Appeals 

Austin, Texas, Clerk’s Office using the electronic filing system through ProDoc 

efiling2 and counsel will send notification of such filing to Mr. David Junkin and 

Mr. L. Hayes Fuller, III. 
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CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the above and foregoing has 

been served on the following via facsimile or certified mail, return receipt 

requested, in accordance with the Texas Rules of Civil Procedure, on this 27th day 

of February, 2015.

David Junkin

LAW OFFICE OF DAVID JUNKIN

P. O. Box 2910

Wimberley, TX 78676

L. Hayes Fuller, III

NAMAN HOWELL SMITH & LEE, P.L.L.C

400 Austin Avenue, Suite 800

P. O. Box 1470

Waco, TX 75703-1470

/s/ Mike Thompson, Jr.

Brantley Ross Pringle, Jr. 

Heidi Coughlin

Mike Thompson, Jr.