Opinion
No. 04-08-00010-CV
Delivered and Filed: May 21, 2008.
Appeal from the 73rd Judicial District Court, Bexar County, Texas, Trial Court No. 2007-CI-18007, Honorable Martha Tanner, Judge Presiding.
MOTION TO DISMISS GRANTED.
Sitting: ALMA L. LÓPEZ, Chief Justice, REBECCA SIMMONS, Justice, STEVEN C. HILBIG, Justice.
MEMORANDUM OPINION
This is an interlocutory appeal from a trial court order denying a temporary injunction. Because the property in dispute in this appeal was sold at foreclosure, we dismiss the appeal as moot.
Appellant Barbara Schulze sued Appellee EMC Mortgage Corporation ("EMC") seeking injunctive relief to prevent EMC from foreclosing on a note and deed of trust. The trial court entered a temporary restraining order prohibiting EMC from conducting a foreclosure sale and set a hearing on Schulze's application for a temporary injunction. After that hearing, the trial court entered an order denying Schulze's request for injunctive relief.
Schulze filed a notice of appeal with this Court but did not post a supersedeas bond. On February 5, 2008, EMC foreclosed on the note and deed of trust and purchased the property. EMC filed a motion requesting that this Court dismiss Schulze's appeal because the sale of the property in dispute renders the appeal moot.
It is well settled in Texas that when foreclosure occurs after an appeal of a denial of a temporary injunction sought to prevent the sale of the property in dispute, the appeal becomes moot. Serv. Fin. Corp. v. Grote, 133 Tex. 606, 131 S.W.2d 93 (1939); Ranchos Real Developers, Inc. v. County of El Paso, No. 08-04-00014-CV, 2004 WL 1427376, at *1 (Tex.App.-El Paso June 24, 2004, no pet.); Fite v. Port City State Bank, 582 S.W.2d 210, 211 (Tex.Civ.App.-Houston [1st Dist.] 1987, no writ). EMC's foreclosure on the note and deed of trust rendered the trial court order denying a temporary injunction moot and deprives this Court of subject matter jurisdiction over this appeal. Accordingly, EMC's motion to dismiss is granted.