NW Enterprises, Inc. v. City of Houston (pdf) (Tex.App. - Houston [14th Dist.] Feb. 4, 2010)
(per curiam) (temporary injunction appeal dismissed as moot, court may not render advisory opinions)
DISMISSED: Per Curiam
Before Justices Frost, Boyce and Sullivan
14-09-00561-CV N.W. Enterprises, Inc d/b/a Gaslight News & Video v. City of Houston
Appeal from 133rd District Court of Harris County
Trial Court Judge: Jaclanel McFarland
M E M O R A N D U M O P I N I O N
This appeal is from an order signed June 9, 2009, in which the trial court granted a temporary injunction.
Appellee filed a motion to dismiss the appeal as moot and appellant responded.
In the order on appeal, the trial court enjoined appellant from operating an adult arcade and ordered
appellant to secure that section of the premises. Subsequently, in accordance with a lease termination
agreement between appellant and the landlord, appellant vacated the premises. Appellee and the landlord
of the premises then entered into an agreed interlocutory declaratory judgment and permanent injunction
declaring the premises ineligible for the operation of any sexually-oriented business.
Appellee claims the appeal is moot because appellant no longer occupies or operates an adult arcade at the
premises. Appellant argues the appeal is not moot because appellant has an interest in recovering
damages, resuming operations at another location, and protecting the operation of a second store that is
under threat of similar injunction.
We are prohibited from reviewing a temporary injunction that is moot because such a review would constitute
an impermissible advisory opinion. Nat’l Collegiate Athletic Ass’n v. Jones, 1 S.W.3d 83, 86 (Tex. 1999).
When a temporary injunction becomes inoperative, the issue of its validity is moot. Id. We must dismiss the
case once it becomes moot on appeal. Isuani v. Manske-sheffield Radiology Group, P.A.,, 802 S.W.2d 235,
236 (Tex. 1991).
The temporary injunction on appeal has clearly become inoperative. Any opinion regarding whether the trial
court erred in granting the temporary injunction would therefore be advisory and without any practical legal
effect. Appellee’s motion is granted and the appeal is ordered dismissed.
Panel consists of Justices Frost, Boyce, and Sullivan.