Court of Appeals of Texas,

Austin.

Robert S. HOWELL, D.C. and First Rio Valley Medical, P.A., Appellants.

v.

TEXAS WORKERS’ COMPENSATION COMMISSION; Envoy Medical Systems, L.L .C.; Texas Mutual Insurance Company; Continental Casualty Company; Brownsville I.S.D.; Edwards Risk Management d/b/a Edwards Claims Administration; State Office of Risk Management; Safeco Insurance Company; and American Risk Fund Insurance Company, Appellees.

No. 03-02-00502-CV.

|

Aug. 29, 2003.

From the District Court of Travis County, 201st Judicial District No. GN200967, Darlene Byrne, Judge Presiding.

Attorneys & Firms

Keith T. Gilbert, for Robert S. Howell, D.C.

William Maxwell, for First Rio Valley Medical, P.A.

Dewey E. Helmcamp III, for Texas Workers’ Compensation Commission.

William F. Kemp, for Envoy Medical Systems, L.L.C.

P.M. Schenkkan, for Texas Mutual Insurance Company.

Jane Lipscomb Stone, for Continental Casualty Company.

Peter D. Kennedy, for Brownsville Independent School District.

Peter D. Kennedy, for Edward Risk Management d/b/a Edwards Claims Adminstration.

Bradley D. McClellan, for State Office of Risk Management.

Amanda Lewis, for Safeco Insurance Company and American Risk Fund Insurance Company.

Before Chief Justice LAW, Justices KIDD and PATTERSON.

MEMORANDUM OPINION

JAN P. PATTERSON, Justice.

*1 This is an interlocutory appeal of a temporary injunction. Final judgment has been rendered in the underlying cause, and an appeal taken from that judgment in Howell v. Texas Workers’ Compensation Commission, appellate cause number 03-03-00381-CV. Appellees request by motion that we dismiss this appeal as moot.

By separate motion, appellees move for damages and sanctions for appellants’ filing of an allegedly frivolous petition for emergency writ of prohibition. We overrule that motion.

We dismiss this appeal as moot.