Summary
holding that a temporary restraining order which expired by its own express terms rendered any issue about the order moot
Summary of this case from Cascos v. Cameron Co. AttyOpinion
No. 7315.
Decided November 3, 1937.
Certified Questions — Moot Cases.
Where the time in which a temporary restraining order will expire of its own terms is so short that it will be impossible for the Supreme Court to hear and answer certified questions regarding same, the cause becomes moot and the certificate will be dismissed.
Question certified by the Court of Civil Appeals for the Tenth District, in an appeal from Freestone County.
Suit for injunction brought by Thomas Keys against Renfro Speed, as county attorney, J. R. Session, as sheriff of said county, and others of Freestone County, to restrain them from interfering with the operation of certain marble machines owned and operated by the plaintiff. The trial court issued a temporary restraining order until and pending a further hearing at a later date (November 22, 1937). From this temporary order the county attorney Speed has attempted to prosecute an appeal, which plaintiff moved to dismiss. Pending a decision by the Court of Civil Appeals certain questions of law have been certified to the Supreme Court.
Certificate dismissed.
Renfro Speed, of Teague, for appellant.
Geppert, Geppert Victory, of Teague, for appellee.
This is an attempted appeal from a temporary restraining order which expires by its own express terms on November 22, 1937. The cause is pending before the Court of Civil Appeals at Waco, and that court has certified to this Court certain questions of law arising in such appeal.
It is evident that this Court can not hear this cause, finally answer the questions certified, and certify such answers to the Court of Civil Appeals, prior to November 22, 1937, when the order appealed from expires by its own terms. It is therefore evident that this case is now moot as a cause in this Court. Sterling v. Ferguson, 122 Tex. 122, 53 S.W.2d 753; State ex rel. v. Court of Civil Appeals, etc., 123 Tex. 549, 75 S.W.2d 253; Cummings v. Democratic Executive Committee, etc., (Civ. App.) 97 S.W.2d 368.
It is therefore ordered that the certificate be dismissed and that the record be returned to the Court of Civil Appeals.
Opinion delivered November 3, 1937.