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Carter v. Stevens Transport

Court of Appeals of Texas, Eighth District, El Paso
Jul 6, 2006
225 S.W.3d 607 (Tex. App. 2006)

Opinion

No. 08-06-00132-CV.

July 6, 2006.

Appeal from the County Court at Law # 5 of El Paso County, Texas (TC# 2006-1387); Carlos Villa, Judge.

Johnnie Lee Carter, El Paso, pro se.

Steven L. Hughes, Mounce, Green, Myers, Safi Galatzan, El Paso, for Appellee.

Before BARAJAS, C.J., McCLURE, and CHEW, JJ.


OPINION


This appeal arises from a breach of contract action filed by Appellant Johnnie Lee Carter against Appellee Stevens Transport, Inc. During the pendency of the underlying action, Appellant filed a notice of intent to orally depose Appellee. In response, Appellee moved to quash Appellant's notice of intent to depose. The trial court granted Appellee's motion and Appellant appealed the trial court's ruling. While his appeal was pending, Appellant non-suited the underlying case.

Pending before the Court is Appellee's motion to dismiss this appeal pursuant to TEX.R.APP.P. 42.3. When the judgment of this Court can have no effect on an existing controversy, a case becomes moot. Restrepo v. First National Bank of Dona Ana County, New Mexico, 888 S.W.2d 606, 607 (Tex.App.-El Paso 1994, no writ). Because Appellant has taken a non-suit in the trial court, a judgment of this Court can have no effect on an existing controversy, because there is no longer any controversy. See Restrepo, 888 S.W.2d at 607. Thus, Appellant's case has become moot. See id. Accordingly, we grant Appellee's motion and dismiss the appeal.


Summaries of

Carter v. Stevens Transport

Court of Appeals of Texas, Eighth District, El Paso
Jul 6, 2006
225 S.W.3d 607 (Tex. App. 2006)
Case details for

Carter v. Stevens Transport

Case Details

Full title:Johnnie Lee CARTER, Appellant, v. STEVENS TRANSPORT, INC., Appellee

Court:Court of Appeals of Texas, Eighth District, El Paso

Date published: Jul 6, 2006

Citations

225 S.W.3d 607 (Tex. App. 2006)

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