Windmill Water Supply Corporation v. Santa Perez, Rogelio Ramirez, Rosie Hill, Richard Gonzales, Diana Olvedo-Karau, and Lydia Carrasco
CourtTexas Court of Appeals, 4th District (San Antonio)
Date FiledAugust 12, 2026
Docket04-26-00265-CV
StatusPublished
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Full Opinion
Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-26-00265-CV
WINDMILL WATER SUPPLY CORPORATION,
Appellant
v.
Santa PEREZ, Rogelio Ramirez, Rosie Hill, Richard Gonzales, Diana Olvedo-Karau,
and Lydia Carrasco,
Appellees
From the 38th Judicial District Court, Uvalde County, Texas
Trial Court No. 2026-01-36357-CV
Honorable Sid L. Harle, Judge Presiding
PER CURIAM
Sitting: Lori Massey Brissette, Justice
Adrian A. Spears II, Justice
H. Todd McCray, Justice
Delivered and Filed: August 12, 2026
DISMISSED
On April 1, 2026, appellant filed a notice of appeal seeking to appeal the trial court’s order
granting a temporary injunction. On June 30, 2026, we received a supplemental clerk’s record
containing a June 26, 2026 final judgment in this appeal.
The sole issue before a trial court in a temporary injunction hearing is whether the applicant
should be able to preserve the status quo pending trial on the merits. Kahn v. Helvetia Asset
04-26-00265-CV
Recovery Inc., No. 04-14-00012-CV, 2014 WL 3519070, at *1 (Tex. App.—San Antonio July 16,
2014, pet. denied). An appellate court limits its review of the grant or denial of a temporary
injunction to whether the trial court abused its discretion in signing the interlocutory order. Id. If
the trial court signs a final judgment during the pendency of the appeal of the order granting or
denying an application for a temporary injunction, the case on appeal becomes moot. Id.; see Isuani
v. Manske–Sheffield Radiology Group, 802 S.W.2d 235, 236 (Tex. 1991). Here, a final judgment
has been entered and the plain language of the temporary injunction provides that upon its entry,
the temporary injunction would no longer be effective.
Because this appeal appeared moot, we ordered appellant to file a written response
explaining why this appeal should not be dismissed as moot. Appellant acknowledged that the
appeal becomes moot if the trial court signs a final judgment.
Accordingly, this appeal is dismissed as moot. 1 See Kahn, 2014 WL 3519070, at *1; Isuani,
802 S.W.2d at 236.
PER CURIAM
1
Appellant further responded that we are required to maintain the appeal on our docket because we are required to
determine whether the trial court has subject matter jurisdiction and because the trial court erred by failing to stay the
trial pending appeal. We express no opinion as to appellant’s appeal of the final judgment, or the issues appellant may
raise in connection with the propriety of the final judgment, which remains pending in this court.
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