E. Lionel Pavlo Engineering Co. v. State ex rel. Department of Transportation

LEAR, Judge.

Plaintiff filed suit, seeking to prohibit defendant from awarding a bridge construction contract to any firm other than itself. The petition sought both injunctive and declaratory relief. Defendants filed an exception of no cause of action, which the trial court sustained and dismissed plaintiff’s claim with prejudice. Plaintiff then took a devolutive appeal.

Defendants have now filed a motion to dismiss the appeal as moot. They submit that the contract has been awarded to Buc-hart-Horn, Inc. (a defendant), and that work thereunder began on December 21, 1981.

Thus, the issue before…