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CTL/Thompson Texas LLC v. Starwood Homeowner's Association Inc.

This is an interlocutory appeal from an order denying the appellant, CTL/Thompson Texas LLC's, motion to dismiss the appellee, Starwood Homeowner's Association Inc.'s, claims based on Starwood's alleged failure to comply with the certificate of merit requirements of chapter 150 of the Texas Civil Practice and Remedies Code. After the trial court denied CTL's motion to dismiss and after CTL filed its notice of appeal perfecting this appeal, Starwood filed a non-suit in the trial court, nonsuiting all of its claims against all defendants, including CTL. Starwood subsequently filed in the appellate court an emergency motion to dismiss this appeal. Starwood nonsuited all its claims in the trial court. CTL's chapter 150 motion to dismiss is not a motion for sanctions that survives the non-suit. This appeal is moot. The emergency motion to dismiss is granted. Fort Worth Court of Appeals, No. 02-11-00160-CV, 09-29-2011.

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OPINION

This is an interlocutory appeal from an order denying Appellant CTL/Thompson Texas, LLC’s motion to dismiss Appellee Starwood Homeowner’s Association, Inc.’s claims based on Starwood’s alleged failure to comply with the certificate of merit requirements of chapter 150 of the Texas Civil Practice and Remedies Code. After the trial court denied CTL’s motion to dismiss and after CTL filed its notice of appeal perfecting this appeal, Starwood filed a non-suit in the trial court, nonsuiting all of its claims against all defendants, including CTL. Starwood subsequently filed in this court an emergency motion to dismiss this appeal, arguing that as a result of its non-suit, no justiciable controversy currently exists between the parties, this appeal is now moot, and this court possesses no jurisdiction over the appeal.

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