TRU EXPLORATION LLC TRU EXPLORATION CREATING TRU PARTNERS LLC TRENT TRUBENBACH AND DONNA BURTON v. ENERGY EXPLORATION LLC AND ENERGY EXPLORATION II LLC

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Court of Appeals of Texas, Dallas.

TRU EXPLORATION, LLC, TRU EXPLORATION “CREATING TRU PARTNERS”, LLC, TRENT TRUBENBACH AND DONNA BURTON, Appellants v. ENERGY EXPLORATION I, LLC AND ENERGY EXPLORATION II, LLC, Appellees

No. 05-15-00217-CV

Decided: April 27, 2018

Before Justices Lang-Miers, Evans, and Schenck

MEMORANDUM OPINION

This is an interlocutory appeal from an order denying appellants' motion to stay litigation and compel arbitration. Asserting the appeal has become moot because arbitration has occurred and the arbitrator has issued an award, appellees have moved to dismiss the appeal. Appellants have not filed a response.

The mootness doctrine implicates a court's subject matter jurisdiction and limits courts to deciding only cases in which an actual controversy exists. Trulock v. City of Duncanville, 277 S.W.3d 920, 923 (Tex. App.—Dallas 2009, no pet.); Lincoln Prop. Co. v. Kondos, 110 S.W.3d 712, 715 (Tex. App.—Dallas 2003, no pet.). An appeal becomes moot if the controversy between the parties ceases to exist or any decision rendered by the appellate court would not affect the parties' rights. Trulock, 277 S.W.3d at 924. When an appeal becomes moot, any order or judgment previously rendered must be vacated and the appeal dismissed for want of jurisdiction. See Heckman v. Williamson Cty., 369 S.W.3d 137, 161 (Tex. 2012); Williams v. Lara, 52 S.W.3d 171, 184 (Tex. 2001); Trulock, 277 S.W.3d at 929.

The dispute on appeal centers on whether arbitration is required. Arbitration having been conducted and an award having been issued, the controversy no longer exists and the appeal is moot. See Trulock, 277 S.W.3d at 924.

On February 26, 2015, on appellants' emergency motion, we stayed the trial court proceedings pending further order of the Court. As the appeal is now moot, we vacate that order as well as the trial court's order denying appellants' motion to stay litigation and compel arbitration. See Heckman, 369 S.W.3d at 161. We grant appellees' motion and dismiss the appeal. See Trulock, 277 S.W.3d at 929; see also TEX. R. APP. P. 42.3(a).

ELIZABETH LANG-MIERS JUSTICE