Alejandro Villarreal Alba v. Integra Capital, LLC ( 2021 )


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  •                                NUMBER 13-21-00284-CV
    COURT OF APPEALS
    THIRTEENTH DISTRICT OF TEXAS
    CORPUS CHRISTI – EDINBURG
    ALEJANDRO VILLARREAL ALBA,                                                                 Appellant,
    v.
    INTEGRA CAPITAL, LLC,                                                                       Appellee.
    On appeal from the 404th District Court
    of Cameron County, Texas.
    MEMORANDUM OPINION
    Before Justices Benavides, Longoria, and Tijerina
    Memorandum Opinion by Justice Tijerina
    In this accelerated appeal, appellant Alejandro Villarreal Alba challenges the trial
    court’s denial of his motion for a temporary injunction to prevent appellee Integra Capital,
    LLC from foreclosing on a note and deed of trust of real property.1 Integra filed a motion
    1 Villarreal filed a motion for emergency stay with our Court to prevent foreclosure of the property
    at issue that had been scheduled for September 7, 2021. However, we denied this motion. Integra has
    attached a copy of the Substitute Trustee’s deed to its motion to dismiss showing that the property at issue
    to dismiss because the property has been sold at foreclosure; therefore, Integra contends
    that this appeal is moot. On December 1, 2021, the Court requested a response from
    Alba. On December 13, 2021, Alba filed his notice of no opposition to appellee’s motion
    to dismiss this appeal stating that although he disagrees with some of appellee’s
    statements, “it is undisputed that the property in question has been foreclosed,” and
    therefore, Alba “does not oppose dismissal of this interlocutory appeal.”
    Integra’s foreclosure on the note and deed of trust means that any judgment
    regarding Alba’s motion for a temporary injunction cannot have a practical effect. Zipp v.
    Wuemling, 
    218 S.W.3d 71
    , 73 (Tex. 2007) (“An appeal is moot when a court’s action on
    the merits cannot affect the rights of the parties.”); Las Palmas Plaza, Inc. v. City of Port
    Isabel, 
    665 S.W.2d 855
     (Tex. App.—Corpus Christi–Edinburg 1984, no writ); see also
    Schulze v. EMC Mortg. Corp., No. 04-08-00010-CV, 
    2008 WL 2116277
    , at *1 (Tex.
    App.—San Antonio May 21, 2008, no pet.) (mem. op.) (“It is well settled in Texas that
    when foreclosure occurs after an appeal of a denial of a temporary injunction sought to
    prevent the sale of the property in dispute, the appeal becomes moot.” (citing Serv. Fin.
    Corp. v. Grote, 
    133 Tex. 606
    , 
    131 S.W.2d 93
     (1939); Ranchos Real Developers, Inc. v.
    County of El Paso, No. 08-04-00014-CV, 
    2004 WL 1427376
    , at *1 (Tex. App.—El Paso
    June 24, 2004, no pet.) (mem. op.); Fite v. Port City State Bank, 
    582 S.W.2d 210
    , 211
    (Tex. Civ. App.—Houston [1st Dist.] 1987, no writ))). Therefore, we conclude that this
    case is moot and this Court lacks subject matter jurisdiction over this appeal. Accordingly,
    having considered the documents on file, Integra’s motion to dismiss the appeal, and
    had been sold at foreclosure on September 7, 2021.
    2
    Alba’s response, we are of the opinion that the motion should be granted. See TEX. R.
    APP. P. 42.1(a). Integra’s motion to dismiss is granted, and the appeal is hereby
    dismissed.
    JAIME TIJERINA
    Justice
    Delivered and filed on the
    21st day of December, 2021.
    3
    

Document Info

Docket Number: 13-21-00284-CV

Filed Date: 12/21/2021

Precedential Status: Precedential

Modified Date: 12/27/2021