Joe Rosales and Paso Del Norte Materials, L.L.C. v. Omar RiveraAppeal from 205th District Court of El Paso County (memorandum opinion )
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COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS § JOE ROSALES AND PASO DEL No. 08-13-00367-CV NORTE MATERIALS, L.L.C., § Appeal from the Appellants, § 205th District Court v. § of El Paso County, Texas OMAR RIVERA, § (TC# 2013-DCV3702) Appellee. § MEMORANDUM OPINION Pending before the Court is Appellants motion to dismiss their interlocutory appeal from the denial of a motion to compel arbitration. Appellants assert the appeal is no longer necessary because the trial court has ordered the parties to arbitration. The trial court s entry of the order compelling the parties to arbitration has rendered Appellants appeal moot. We are prohibited from deciding moot controversies. National Collegiate Athletic Association v. Jones, 1 S.W.3d 83, 86 (Tex. 1999). A case is moot if a justiciable controversy ceases to exist at any stage of the legal proceedings, including the appeal. In re Kellogg Brown & Root, Inc., 166 S.W.3d 732, 737 (Tex. 2005). We grant Appellants motion and dismiss the appeal. GUADALUPE RIVERA, Justice May 23, 2014 Before McClure, C.J., Rivera, and Rodriguez, JJ.
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