COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
JOHNNIE LEE CARTER, )
) No. 08-06-00132-CV
Appellant, )
) Appeal from the
v. )
) County Court at Law #5
STEVENS TRANSPORT, INC., )
) of El Paso County, Texas
Appellee. )
) (TC# 2006-1387)
)
O P I N I O N
This appeal arises from a breach of contract action filed by Appellant Johnnie Lee Carter against Appellee Stevens Transport, Inc. During the pendency of the underlying action, Appellant filed a notice of intent to orally depose Appellee. In response, Appellee moved to quash Appellant=s notice of intent to depose. The trial court granted Appellee=s motion and Appellant appealed the trial court=s ruling. While his appeal was pending, Appellant non‑suited the underlying case.
Pending before the Court is Appellee=s motion to dismiss this appeal pursuant to Tex.R.App.P. 42.3. When the judgment of this Court can have no effect on an existing controversy, a case becomes moot. Restrepo v. First National Bank of Dona Ana County, New Mexico, 888 S.W.2d 606, 607 (Tex.App.--El Paso 1994, no writ). Because Appellant has taken a non-suit in the trial court, a judgment of this Court can have no effect on an existing controversy, because there is no longer any controversy. See Restrepo, 888 S.W.2d at 607. Thus, Appellant=s case has become moot. See id. Accordingly, we grant Appellee=s motion and dismiss the appeal.
July 6, 2006
DAVID WELLINGTON CHEW, Justice
Before Barajas, C.J., McClure, and Chew, JJ.