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Providian Bancorp SVCS v. Hernandez

Court of Appeals of Texas, Eighth District, El Paso
Jan 13, 2005
No. 08-04-00186-CV (Tex. App. Jan. 13, 2005)

Summary

dismissing as moot interlocutory appeal from order denying motion to compel arbitration, because trial court entered an order compelling arbitration

Summary of this case from Roccaforte v. Jefferson County

Opinion

No. 08-04-00186-CV

January 13, 2005.

Appeal from County Court at Law No. 7 of El Paso County, Texas (Tc# 2003-3656).

Hon. Jacqueline C. Johnson, 2001 Ross Avenue, Suite 2600, Dallas, TX, 75201 for Appellant.

Hon. Sam J. Legate, Scherr Legate, P.C., 109 N. Oregon, Suite 800, El Paso, TX, 79901 for Appellee.

Before Panel No. 2 BARAJAS, C.J., McCLURE, and CHEW, JJ.


MEMORANDUM OPINION


This is an interlocutory appeal from an order denying Appellant's motion to compel arbitration. Pending before the Court is Appellant's motion to dismiss the appeal as moot. After the trial court denied Appellant's motion to compel arbitration, Appellant filed a motion for reconsideration and an evidentiary hearing. Appellant also filed notice of appeal. The trial court has since reconsidered its prior ruling and has entered an order compelling arbitration. Appellant correctly asserts that the instant appeal has become moot as a result of the trial court's order. When a judgment cannot have a practical effect on an existing controversy, the case is moot. See Texas Education Agency v. Dallas Independent School District, 797 S.W.2d 367, 369 (Tex.App. 1990, no writ). Ordinarily, we would dismiss the underlying case as well as the appeal. See Texas Education Agency, 797 S.W.2d at 369 (noting general rule that the trial court's judgment must be vacated and cause dismissed when case is moot). In this case, however, the general rule does not apply because the appeal was taken from an interlocutory order rather than a final judgment. The trial court has set aside that order, and therefore the subject of the interlocutory appeal has become moot, but the suit between the parties remains pending. We therefore grant Appellant's motion and dismiss the appeal as moot.


Summaries of

Providian Bancorp SVCS v. Hernandez

Court of Appeals of Texas, Eighth District, El Paso
Jan 13, 2005
No. 08-04-00186-CV (Tex. App. Jan. 13, 2005)

dismissing as moot interlocutory appeal from order denying motion to compel arbitration, because trial court entered an order compelling arbitration

Summary of this case from Roccaforte v. Jefferson County

dismissing as moot interlocutory appeal from order denying motion to compel arbitration after trial court reconsidered its prior ruling and entered order compelling arbitration

Summary of this case from Pearland Capital Grp. LP v. Horizon United Grp. Int'l, LLC

dismissing as moot interlocutory appeal from order denying motion to compel arbitration after trial court reconsidered its prior ruling and entered order compelling arbitration

Summary of this case from PCG v. Horizon Un.
Case details for

Providian Bancorp SVCS v. Hernandez

Case Details

Full title:PROVIDIAN BANCORP SERVICES D/B/A PROVIDIAN BANCORP SERVICES CORPORATION…

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

Date published: Jan 13, 2005

Citations

No. 08-04-00186-CV (Tex. App. Jan. 13, 2005)

Citing Cases

Roccaforte v. Jefferson County

); Crown Life Ins. Co. v. Estate of Gonzalez, 820 S.W.2d 121, 121-22 (Tex. 1991) (per curiam) (stating that…

Pearland Capital Grp. LP v. Horizon United Grp. Int'l, LLC

The trial court's new order rendered the appeal of the original order moot. See Providian Bancorp Servs. v.…