In the Matter of the Ruff Management Trust Appeal from Probate Court No. 1 of Dallas County (memorandum opinion)
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DISMISS; and Opinion Filed March 13, 2018. In The Court of Appeals Fifth District of Texas at Dallas No. 05-17-00535-CV IN THE MATTER OF THE RUFF MANAGEMENT TRUST On Appeal from the Probate Court No. 1 Dallas County, Texas Trial Court Cause No. PR-17-01051-1 MEMORANDUM OPINION Before Chief Justice Wright, Justice Evans, and Justice Brown Opinion by Chief Justice Wright This is an interlocutory appeal from an order denying appellant’s application to enjoin appellee Suzann Ruff from arbitrating certain claims. Before the Court are the motion to dismiss and motion for sanctions and attorney’s fees filed by appellee Frost Bank, in its capacity as trustee of the Ruff Management Trust, and appellant’s motion to show authority. In its motion to dismiss, Frost Bank asserts, in part, the appeal has become moot because the arbitration appellant sought to stay by its request for injunctive relief has concluded. See Trulock v. City of Duncanville, 277 S.W.3d 920, 924 (Tex. App.—Dallas 2009, no pet.) (“Generally, an appeal is moot when the court’s action on the merits cannot affect the rights of the parties.”). Acknowledging the arbitration has concluded and the arbitrators have issued an award, appellant agrees the appeal is moot and should be dismissed. Because the arbitration has concluded and an award has issued, any decision rendered by the Court would be no more than an advisory opinion. See id. Accordingly, we grant the motion. See TEX. R. APP. P. 42.3(a). We vacate the trial court’s order denying the temporary injunction and dismiss the case, including all pending motions, for want of jurisdiction. See Heckman v. Williamson Cty., 369 S.W.3d 137, 162 (Tex. 2012); Lipshy Motorcars, Inc. v. Sovereign Assoc., Inc., 944 S.W.2d 68 (1997). /Carolyn Wright/ CAROLYN WRIGHT CHIEF JUSTICE 170535F.P05 –2– Court of Appeals Fifth District of Texas at Dallas JUDGMENT IN THE MATTER OF THE RUFF MANAGEMENT TRUST On Appeal from the Probate Court No. 1, Dallas County, Texas Trial Court Cause No. PR-17-01051-1. Opinion delivered by Chief Justice Wright, Justices Evans and Brown participating. No. 05-17-00535-CV In accordance with this Court’s opinion of this date, we DISMISS the appeal. We ORDER that appellees Suzann Ruff and Frost Bank, in its capacity as trustee of The Ruff Management Trust, recover their costs of this appeal from appellant Michael A. Ruff. Judgment entered this 13th day of March, 2018. –3–
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