Zhili "Jenny" Zhao v. Yue "Mark" Wang

• Court: Court of Appeals of Texas
• Decided: February 28, 2023
• Docket: 14-21-00452-CV
• Status: Published

Opinion

Dismissed as Moot and Memorandum Opinion filed February 28, 2023.

In The

Fourteenth Court of Appeals

NO. 14-21-00452-CV

ZHILI “JENNY” ZHAO, Appellant

V. YUE “MARK” WANG, Appellee

On Appeal from the 295th District Court Harris County, Texas Trial Court Cause No. 2019-49317

MEMORANDUM OPINION This is an interlocutory appeal from an order denying a motion to compel arbitration filed by appellant/defendant Zhili “Jenny” Zhao. See Tex. Civ. Prac. & Rem. Code Ann. § 171.098(a)(1). After this appeal was perfected, plaintiff Yue “Mark” Wang and defendant Zhili “Jenny” Zhao filed a joint notice of nonsuit with prejudice in the trial court. In that notice, all parties in the trial court agreed that the case should be nonsuited with prejudice. The trial court signed an “Order of Dismissal With Prejudice” in which the court dismissed the case with prejudice. Rule 162 of the Texas Rules of Civil Procedure provides that “[a]t any time before the plaintiff has introduced all of his evidence other than rebuttal evidence, the plaintiff may dismiss a case, or take a non-suit, which shall be entered in the minutes.” Tex. R. Civ. P. 162. As a consequence of the trial court’s dismissal with prejudice of this case, the claims that were the subject of Zhao’s motion to compel arbitration have been dismissed with prejudice, and this appeal has become moot. See Gen. Land Office of State of Tex. v. Oxy, U.S.A., Inc., 789 S.W.2d 569, 571 (Tex. 1990); Deep Water Slender Wells, Ltd. v. Shell Int’l Expl. & Prod., Inc., 234 S.W.3d 679, 695–96 (Tex. App.—Houston [14th Dist.] 2007, pet. denied).

No party has sought to dismiss this appeal. We have given the parties ten days’ notice of our intent to dismiss this appeal for want of subject-matter jurisdiction due to mootness. See Tex. R. App. P. 42.3. No party has filed a response showing that this appeal is not moot. We dismiss the appeal as moot.

PER CURIAM

Panel consists of Justices Spain, Poissant, and Wilson.