Barantas, Incorporated, Patrick J, O' Brien, Brian P. Fox and EGS Administration, LLC v. Enterprise Financial Group Incorporated

Appeal Dismissed and Opinion Filed August 7, 2018.
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-17-01229-CV
BARANTAS, INCORPORATED, PATRICK J. O’BRIEN, BRIAN P. FOX,
AND EGS ADMINISTRATION, LLC, Appellants
V.
ENTERPRISE FINANCIAL GROUP INCORPORATED, Appellee
On Appeal from the 191st Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-17-01503
MEMORANDUM OPINION
Before Justices Lang-Miers, Fillmore, and Stoddart
Opinion by Justice Stoddart
This is an interlocutory appeal from an order denying a supplemental motion to compel
arbitration. This appeal arises out of the same lawsuit that is the subject of an interlocutory appeal
in cause number 05-17-00896-CV, styled Barantas, Inc., Patrick J. O’Brien, Brian P. Fox and
EGS Administration, LLC v. Enterprise Financial Group Inc. (Barantas I). In Barantas I, we
determined the trial erred by denying part of appellants’ motion to compel arbitration under the
terms of a 2008 written contract. We reversed that part of the order and ordered that all disputes
between the parties proceed to arbitration. The supplemental motion to compel was based on an
arbitration clause in an October 2015 contract between EFG and EGS. EFG, however, is not suing
for breach of the October 2015 contract, and referenced the contract only as evidence in support
of its application for a temporary restraining order.
In general, an appeal is moot when the court’s action on the merits cannot affect the rights
of the parties. See Trulock v. City of Duncanville, 277 S.W.3d 920, 924 (Tex. App.—Dallas 2009,
no pet.). A case on appeal is moot if: (1) there is no live controversy between the parties; and (2)
any decision rendered by the appellate court would be an advisory opinion. Id. A court cannot
decide a case that has become moot during the pendency of the litigation. Heckman v. Williamson
County, 369 S.W.3d 137, 162 (Tex. 2012). “Put simply, a case is moot when the court’s action on
the merits cannot affect the parties’ rights or interests.” Id. If a case becomes moot, the court must
vacate any order or judgment previously issued and dismiss the case for want of jurisdiction. Id.
In light of our disposition in Barantas I, we conclude this appeal is moot because all claims
between all parties will be submitted to arbitration pursuant to the 2008 contract. Accordingly, we
dismiss this appeal for want of jurisdiction. See Heckman, 369 S.W.3d at 162.
/Craig Stoddart/
CRAIG STODDART
JUSTICE
171229F.P05
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Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
BARANTAS, INCORPORATED, On Appeal from the 191st Judicial District
PATRICK J. O’BRIEN, BRIAN P. FOX, Court, Dallas County, Texas
AND EGS ADMINISTRATION, LLC, Trial Court Cause No. DC-17-01503.
Appellants Opinion delivered by Justice Stoddart.
Justices Lang-Miers and Fillmore
No. 05-17-01229-CV V. participating.
ENTERPRISE FINANCIAL GROUP
INCORPORATED, Appellee
In accordance with this Court’s opinion of this date, we DISMISS this appeal for want of
jurisdiction.
It is ORDERED that each party bear their own costs of this appeal.
Judgment entered this 7th day of August, 2018.
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