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NO. 01-15-00790-CV

IN THE COURT OF APPEALS

FOR THE FIRST DISTRICT OF TEXAS

AT HOUSTON

__________________________________________________________________

LATTER DAY DELIVERANCE REVIVAL CHURCH APPELLANT

V.

THE HOUSTON HOUSING AUTHORITY APPELLEE

__________________________________________________________________

MOTION TO DISMISS INTERLOCUTORY APPEAL AS MOOT

[filed by Appellee Houston Housing Authority]

__________________________________________________________________

Appellee Houston Housing Authority (“HHA”) respectfully moves this honorable Court to dismiss this appeal as moot insofar as it is taken from the trial 

court’s order denying a temporary injunction.

1. This appeal originated as an interlocutory (accelerated) appeal from a 

September 1, 2015, trial court order (Exhibit A to this motion) denying the appellant’s application for a temporary injunction.

2. On September 11, 2015, the trial court signed an order (the “September 11 order,” Exhibit B to this motion) granting HHA’s plea to the jurisdiction. 

This order had the effect of disposing of all remaining parties and issues in the 

case, and therefore constituted a final judgment.

ACCEPTED

01-15-00790-CV

FIRST COURT OF APPEALS

HOUSTON, TEXAS

10/7/2015 12:05:33 PM

CHRISTOPHER PRINE

CLERK

 FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 10/7/2015 12:05:33 PM CHRISTOPHER A. PRINE Clerk
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3. The appellant (along with a co-appellant) has appealed from the September 11 order. It appears that the clerk of this Court has treated the appeal from 

the final judgment as part of this accelerated appeal.

4. Since the purpose of a temporary injunction is to preserve the status 

quo pending final judgment, and since a temporary injunction expires upon final 

judgment, it is routinely held that the rendition of a final judgment moots an appeal 

from an order denying a temporary injunction. See Isuani v. Manske-Sheffield Radiology Group, P.A., 802 S.W.2d 235, 236 (Tex. 1991) (per curiam); Lowe v. 

Farm Credit Bank, 2 S.W.3d 293, 299-300 (Tex. App. – San Antonio 1999, pet. 

denied); Save Our Springs Alliance, Inc. v. Austin Independent School District, 973 

S.W.2d 378, 384 (Tex. App. – Austin 1998, no pet.); Bonilla v. Roberson, 918 

S.W.2d 17, 20-21 (Tex. App. – Corpus Christi 1996, no pet.); Roadrunner Investments, Inc. v. Texas Utilities Fuel Co., 526 S.W.2d 615, 616-17 (Tex. Civ. App. –

Fort Worth 1975, no writ); City of Corpus Christi v. Cartwright, 281 S.W.2d 343, 

343-44 (Tex. Civ. App. – San Antonio 1955, no writ); Spencer v. Steele, 132 

S.W.2d 146, 146 (Tex. Civ. App. – San Antonio 1939, no writ).

1

5. The denial of the temporary injunction is moot even where, as here, 

the final judgment is on appeal. See Jordan v. Landry’s Seafood Restaurant, Inc., 

 

1 Accord, Movies & Games 4 Sale, L.P. v. Video Advantage, Inc., No. 05-97-00536-CV, 1997 

Tex. App. LEXIS 3723, *1 (Tex. App. – Dallas July 17, 1997, no pet.) (not designated for publication).
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89 S.W.3d 737, 741 (Tex. App. – Houston [1st Dist.] 2002, pet. denied) (appeal 

after final judgment dismissed as to denial of temporary injunction; judgment affirmed on merits); Lowe v. Farm Credit Bank, 2 S.W.3d at 299-300 (appeal from 

denial of temporary injunction dismissed as moot; final judgment affirmed); EMW 

Manufacturing Co. v. Lemons, 741 S.W.2d 212, 214 (Tex. App. – Fort Worth 

1987) (appeal from denial of temporary injunction voluntarily dismissed; complaint about denial in final-judgment appeal overruled as moot; final judgment reversed on merits), rev’d on other grounds, 747 S.W.2d 372 (Tex. 1988); cf. Harris 

v. Moore, 912 S.W.2d 860, 863 (Tex. App. – Austin 1995, no pet.) (appeal from 

denial of temporary injunction rejected on alternative grounds of mootness and no 

abuse of discretion; final judgment reversed).

Appellee Houston Housing Authority respectfully prays: (1) that this appeal 

be dismissed as moot insofar as it is taken from the trial court’s order denying a 

temporary injunction; and (2) for such other and further relief to which it may be 

entitled at law or in equity.
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Respectfully submitted,

SAMUEL J. LOUIS

State Bar No. 12588040

Strasburger & Price, LLP

909 Fannin Street, Suite 2300

Houston, TX 77010

713.951.5604

832.397.3503 (telecopy)

sam.louis@strasburger.com

/s/ P. Michael Jung

P. MICHAEL JUNG

State Bar No. 11054600

KEVIN J. MAGUIRE

State Bar No. 12827900

KIMBERLY H. MURPHY

State Bar No. 24075619

Strasburger & Price, LLP

901 Main Street, Suite 4400

Dallas, Texas 75202-3794

214.651.4300

214.651.4330 (telecopy)

michael.jung@strasburger.com

kevin.maguire@strasburger.com 

kim.murphy@strasburger.com

ATTORNEYS FOR APPELLEE

CERTIFICATE OF CONFERENCE

I hereby certify that I have contacted Aaron Streett, Esq., counsel for the appellant, concerning this motion. Mr. Streett has stated that this motion is opposed.

/s/ P. Michael Jung

P. MICHAEL JUNG
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CERTIFICATE OF SERVICE

I hereby certify that this Motion to Dismiss Interlocutory Appeal as Moot 

has been served on all parties to this appeal by electronic service through eFile 

Texas.gov on: Aaron Street, Esq., Attorney for Appellant Latter Day Deliverance 

Revival Church; and Hiram S. Sasser III, Esq., Attorney for Appellant Latter Day 

Deliverance Revival Church; both on this 7th day of October, 2015.

/s/ P. Michael Jung

P. MICHAEL JUNG
UnofficialCopyOfficeofChrisDanielDistrictClerk

EXHIBIT A
UnofficialCopyOfficeofChrisDanielDistrictClerk
EXHIBIT B