Bridgestone Corporation v. Castillo, Guillermo S. Hernandez--Appeal from 143rd District Court of Reeves County

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

BRIDGESTONE CORPORATION,

Appellant,

v.

GUILLERMO S. HERNANDEZ CASTILLO,

Appellee.

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No. 08-02-00083-CV

Appeal from the

143rd District Court

of Reeves County, Texas

(TC# 01-08-17131-CVR)

OPINION ON APPELLANT=S MOTION TO DISMISS

INTERLOCUTORY APPEAL

Before the Court is an interlocutory appeal from the district court=s denial of Bridgestone Corporation=s special appearance. Appellant Bridgestone Corporation submits this motion to vacate the trial court=s order and dismiss appeal because the plaintiff in the underlying matter has asked the Dallas County District Court to sign an order of nonsuit, dismissing the underlying matter. We vacate the trial court=s order denying the special appearance and dismiss the appeal as moot.

Following the institution of this appeal, appellee Castillo filed its notice nonsuiting Bridgestone in the trial court. Rule 162 of the Texas Rules of Civil Procedure gives a plaintiff the right to take a nonsuit at any time before he has rested his case. Tex. R. Civ. P. 162. Accordingly, the nonsuit renders this appeal moot.

The dismissal of the action against Bridgestone vitiates the earlier interlocutory order. See In re Bennett, 960 S.W.2d 35, 38 (Tex. 1997); Hyundai Motor Co. v. Alvarado, 892 S.W.2d 853, 854-55 (Tex. 1995). As the order denying Bridgestone Corporation=s special appearance is an interlocutory order not reflecting any judgment on the merits of the case, we vacate that order of the trial court.

We vacate the trial court=s order denying Bridgestone=s special appearance, grant the appellant=s motion, and dismiss the interlocutory appeal as moot.

SUSAN LARSEN, Justice

October 31, 2002

Before Panel No. 1

Larsen, McClure, and Chew, JJ.

(Do Not Publish)