in Re George Green and Garlan Green, 03-14-00725-CV

Appellant Garlan (Garlan has died) was a member of Port of Call HOA; his son George Green prosecutes the appeal by POA.
Underlying suit alleges defendants (HOA and board members) breached organizational documents, contract, Property Code, and fiduciary duties.
In trial court appellees obtained a protective order against George Green’s discovery conduct; after alleged violations, appellees moved to enforce and the court entered an October 21, 2014 enforcement/protective order.
George Green appealed the October 21 order, characterizing it as an injunction and seeking appellate review under §51.014(a)(4)/Ch. 65.
On January 30, 2015 the trial court held a hearing and vacated the October 21, 2014 order; appellees moved to dismiss the appeal as moot because the challenged order no longer exists.
Appellees also note potential survivability issues given the death of the original plaintiff (Garlan) and request an extension of their brief deadline if the motion is denied.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the October 21, 2014 order is an appealable injunction under §51.014(a)(4) / Chapter 65	Green contends the order functions as an injunction and is immediately appealable under §51.014(a)(4) / Ch. 65	Appellees contend the order is a discovery/protective order, not an injunction, and thus not the basis for interlocutory review	Appellees moved to dismiss; before appellate decision the trial court vacated the order, rendering the appeal moot (court may dismiss for lack of jurisdiction)
Whether vacatur of the challenged order moots the appeal	Green: appeal remains because issues or potential reissuance may persist (not explicitly in record)	Appellees: vacatur eliminates live controversy; appellate court lacks jurisdiction and should dismiss	Trial court vacated the order; appellees argue controlling authorities mean the appeal is moot and should be dismissed; motion seeks dismissal (no appellate ruling included in record)

Valley Baptist Med. Ctr. v. Gonzalez, 33 S.W.3d 821 (Tex. 2000) (mootness and jurisdiction principles)
Texas A&M Univ.-Kingsville v. Yarbrough, 347 S.W.3d 289 (Tex. 2011) (appellate jurisdiction and mootness)
Nat'l Collegiate Athletic Ass'n v. Jones, 1 S.W.3d 83 (Tex. 1999) (jurisdictional mootness doctrine)
Wood v. Moriarty, 940 S.W.2d 359 (Tex. App.—Dallas 1997) (characterizing certain orders as discovery orders)
In re Campbell, 106 S.W.3d 788 (Tex. App.—Texarkana 2003) (vacatur of contempt/order moots appeal)