DISMISS and Opinion Filed May 5, 2022
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-22-00346-CV
IN RE KANDIS N. HUTCHINSON, Relator
Original Proceeding from the 301st Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-22-02821
MEMORANDUM OPINION
Before Justices Myers, Nowell, and Goldstein
Opinion by Justice Nowell
Before the Court are relator’s April 18, 2022 petition for writ of injunction
and real parties in interest’s motion to dismiss. In the petition, relator seeks a writ of
injunction pending resolution of her separate appeal from the family court associate
judge’s report denying her request for a temporary injunction.
A court of appeals may grant injunctive relief to protect its jurisdiction over a
pending appeal and preserve the subject matter of the litigation so that the appeal
does not become moot. See Dallas Morning News v. Fifth Court of Appeals, 842
S.W.2d 655, 657 (Tex. 1992) (orig. proceeding); see also TEX. GOV’T CODE
§ 22.221(a) (“Each court of appeals or a justice of a court of appeals may issue a
writ of mandamus and all other writs necessary to enforce the jurisdiction of the
court.”). This Court, however, has now issued an opinion and judgment in the appeal.
Hutchinson v. B&K Hutchinson LLC, No. 05-22-00343-CV, 2022 WL 1401427
(Tex. App.—Dallas May 4, 2022, no pet. h.) (mem. op.). Accordingly, we grant real
parties’ motion and dismiss the petition for writ of injunction as moot. We also lift
the stay issued by our April 19, 2022 order granting relator’s request for immediate
relief.
220346f.p05 /Erin A. Nowell/
ERIN A. NOWELL
JUSTICE
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