Marvin Glenn Berry and Bonnie Berry as Successor in Interest to Dennis Wayne Berry v. Albert Theodore Powers and Allied Ports LLC
CourtTexas Court of Appeals, 15th District
Date FiledAugust 6, 2026
Docket15-25-00060-CV
StatusPublished
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Full Opinion
Appeal Dismissed and Memorandum Opinion filed August 6, 2026.
In The
Fifteenth Court of Appeals
NO. 15-25-00060-CV
MARVIN GLENN BERRY AND BONNIE BERRY AS SUCCESSOR IN
INTEREST TO DENNIS WAYNE BERRY, Appellants
V.
ALBERT THEODORE POWERS AND ALLIED PORTS LLC, Appellees
On Appeal from the Business Court Division 11A
Harris County, Texas
Trial Court Cause No. 24-BC11A-0025
MEMORANDUM OPINION
Appellants have appealed from the Business Court’s April 2, 2025
temporary injunction. On June 30, 2026, the Business Court signed a final
judgment that, among other things, made declarations in favor of Appellees
regarding the ownership and management rights they claim in the project but
denied their request for a permanent injunction.
A final judgment normally renders moot a pending interlocutory appeal from
an order on a temporary injunction.1 “When a case becomes moot on appeal, a
court must vacate any previously issued order or judgment associated with it.”2
On July 22, 2026, this Court notified the parties that the appeal was subject
to dismissal because the Business Court’s final judgment renders this interlocutory
appeal moot.3 Neither side filed a response to the notice. Because this interlocutory
appeal is moot, and because mootness defeats this Court’s subject-matter
jurisdiction,4 we must dismiss both this appeal and Appellees’ Motion for Referral
under Rule 29.4.
Accordingly, we vacate the trial court’s order granting the temporary
injunction and dismiss this appeal for want of jurisdiction.
PER CURIAM
Before Chief Justice Brister and Justices Field and Farris.
1
See Bienati v. Cloister Holdings, LLC, 691 S.W.3d 493, 497 (Tex. 2024); Isuani v.
Manske-Sheffield Radiology Grp., P.A., 802 S.W.2d 235, 236 (Tex. 1991).
2
Tex. Dep’t of Fam. & Protective Servs. v. N.J., 644 S.W.3d 189, 192 (Tex. 2022).
3
See TEX. R. APP. P. 42.3(a).
4
Heckman v. Williamson Cnty., 369 S.W.3d 137, 162 (Tex. 2012).
2