Hollon v. Mathis Independent School District, 73-1607.
| Decision Date | 15 March 1974 |
| Docket Number | No. 73-1607.,73-1607. |
| Citation | 491 F.2d 92 |
| Parties | Timothy G. HOLLON, by next friend, Garland Hollon, Plaintiff-Appellee, v. MATHIS INDEPENDENT SCHOOL DISTRICT, Olan McCraw, Jr., as Superintendent, and V. M. Thyssen, President etc., Defendants-Appellants. |
| Court | U.S. Court of Appeals — Fifth Circuit |
James P. Ryan, Bruce D. Viles, Corpus Christi, Tex., for defendants-appellants.
Nelson R. Sharpe, Kingsville, Tex., for plaintiff-appellee.
Before BROWN, Chief Judge, and RONEY and GEE, Circuit Judges.
The issue presented on this appeal is now moot. The District Court entered a preliminary injunction against the enforcement of a high school regulation which bars married students from participating in athletics and certain other extracurricular activities. Pursuant to 28 U.S.C.A. § 1292(a) (1), the School District appeals the finding of unconstitutionality which undergirds the relief granted against it.
The sole plaintiff in this nonclass action, Timothy G. Hollon, graduated prior to the hearing on this appeal and seeks neither continuance of the preliminary injunction nor further permanent action from the Court. Prior to his marriage in his senior year in high school, Hollon competed successfully in football, baseball and basketball in the Interscholastic League operated by the University of Texas. The preliminary injunction effectively permitted him to continue in these activities until he graduated, despite the prohibitory school regulation. Upon graduation, Hollon's interest in this proceeding terminated, and his counsel on appeal has suggested mootness.
"An issue becomes moot and hence no longer justiciable where as a result of intervening circumstances there are no longer adverse parties with sufficient legal interests to maintain the litigation." 6A Moore's Federal Practice ¶ 57.13, at 57-128 (1973 ed.). Compare Caldwell v. Craighead, 432 F.2d 213 (6th Cir. 1970), cert. denied, 402 U.S. 953, 91 S.Ct. 1617, 29 L.Ed.2d 123 (1971) (), with Jones v. Snead, 431 F.2d 1115 (8th Cir. 1970) ().
"Where it appears upon appeal that the controversy has become entirely moot, it is the duty of the appellate court to set aside the decree below and to remand the cause with directions to dismiss." Duke Power Co. v. Greenwood County, 299 U.S. 259, 267, 57 S.Ct. 202, 205, 81 L.Ed. 178 (1936); see SEC v. Medical Committee for Human Rights, 404 U.S. 403, 92 S.Ct. 577, 30 L.Ed.2d 560 (1972).
The injunction by its terms has a continuing effect on the School District beyond Hollon's graduation. We...
To continue reading
Request your trial
-
Planned Parenthood Se., Inc. v. Bentley
...the question whether relief should be tailored, if it even can be practically, to cover only Doe. See, e.g., Hollon v. Mathis Indep. Sch. Dist., 491 F.2d 92, 93 (5th Cir.1974) (recognizing that, had a class been certified, injunctive relief restraining enforcement of a regulation as to all ......
-
Haitian Refugee Center, Inc. v. Baker, s. 91-6099
...that federal courts may issue injunctions to preserve the status quo during litigation. See, e.g., Hollon v. Mathis Independent School Dist., 491 F.2d 92, 93 (5th Cir.1974) (per curiam). While an appeal was pending in this case, the district court properly issued a limited preliminary injun......
-
Texas First Nat. Bank v. Wu
... ... CIV.A. H-04-4129 ... United States District Court, S.D. Texas, Houston Division ... F.2d 655, 656 (5th Cir.1975); see also Hollon v. Mathis Indep. Sch. Dist., 491 F.2d 92, 93 ... lawsuits, including one separate, independent action pending in the 129th Judicial District ... ...
-
West Ala. Quality of Life v. U.S. Fed. Hwy. Admin.
...to render a meaningful decision" after a trial on the merits. Meis, 511 F.2d at 656 (5th Cir.1975); see also Hollon v. Mathis Indep. Sch. Dist., 491 F.2d 92, 93 (5th Cir.1974). Thus, a court may grant a preliminary injunction, even though the outcome of the lawsuit itself is uncertain. See ......