Opinion
No. 08-04-00187-CV
January 13, 2005.
Appeal from County Court at Law No. 7 of El Paso County, Texas (Tc# 2002-5451).
Jacqueline C. Johnson, Dallas, TX, for Appellant.
Sam J. Legate, Scherr Legate, P.C., El Paso, TX, for Appellee.
Before Panel No. 2 BARAJAS, C.J., McCLURE, and CHEW, JJ.
MEMORANDUM OPINION
This is an interlocutory appeal from an order denying Appellant's motion to compel arbitration. Pending before the Court is Appellant's motion to dismiss the appeal as moot. After the trial court denied Appellant's motion to compel arbitration, Appellant filed a motion for reconsideration and an evidentiary hearing. Appellant also filed notice of appeal. The trial court has since reconsidered its prior ruling and has entered an order compelling arbitration. Appellant correctly asserts that the instant appeal has become moot as a result of the trial court's order. When a judgment cannot have a practical effect on an existing controversy, the case is moot. See Texas Education Agency v. Dallas Independent School District, 797 S.W.2d 367, 369 (Tex.App. 1990, no writ). Ordinarily, we would dismiss the underlying case as well as the appeal. See Texas Education Agency, 797 S.W.2d at 369 (noting general rule that the trial court's judgment must be vacated and cause dismissed when case is moot). In this case, however, the general rule does not apply because the appeal was taken from an interlocutory order rather than a final judgment. The trial court has set aside that order, and therefore the subject of the interlocutory appeal has become moot, but the suit between the parties remains pending. We therefore grant Appellant's motion and dismiss the appeal as moot.