TRU Exploration, LLC, TRU Exploration "Creating TRU Partners", LLC, Trent Trubenbach and Donna Burton v. Energy Exploration I, LLC and Energy Exploration II, LLC Appeal from 416th Judicial District Court of Collin County (memorandum opinion)
Annotate this Case
Download PDF
VACATE and DISMISS; and Opinion Filed April 27, 2018. In The Court of Appeals Fifth District of Texas at Dallas No. 05-15-00217-CV 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 On Appeal from the 416th Judicial District Court Collin County, Texas Trial Court Cause No. 416-00031-2015 MEMORANDUM OPINION Before Justices Lang-Miers, Evans, and Schenck Opinion by Justice Lang-Miers 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/ ELIZABETH LANG-MIERS JUSTICE 150217F.P05 –2– Court of Appeals Fifth District of Texas at Dallas JUDGMENT TRU EXPLORATION, LLC, TRU EXPLORATION "CREATING TRU PARTNERS", LLC, TRENT TRUBENBACH AND DONNA BURTON, Appellants No. 05-15-00217-CV On Appeal from the 416th Judicial District Court, Collin County, Texas Trial Court Cause No. 416-00031-2015. Opinion delivered by Justice Lang-Miers, Justices Evans and Schenck participating. V. ENERGY EXPLORATION I, LLC AND ENERGY EXPLORATION II, LLC, Appellees In accordance with this Court’s opinion of this date, we VACATE the trial court’s order denying the motion to stay litigation and compel arbitration and DISMISS the appeal. We ORDER appellees Energy Exploration I, LLC and Energy Exploration II, LLC recover their costs of this appeal from appellants TRU Exploration, LLC, TRU Exploration "Creating TRU Partners", LLC, Trent Trubenbach and Donna Burton. Judgment entered this 27th day of April, 2018. –3–
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
