Appeal Di smissed and Opinion Filed August 7, 2018.

In The 

## Court of Appeals Fifth District of Texas at Dallas

No. 05
- 17
- 01229
- CV 

### BARANTAS, INCORPORAT ED, PATRICK J. O’BRI EN, BRIAN P. FOX ,

AND EGS ADMINISTRATI ON, 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, Fillmor e, 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 t he 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

.– 2

–

In general, an appeal is moot when the court’s action on the merit s 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 a ppellate 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 ord er or judgment previously issued and dismiss the case for want of jurisdiction. I d

. 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 Heckm an , 369 S.W.3d at 162.

/Craig Stoddart/ CRAIG STODDART JUSTICE

171229F.P05– 3

– 

## Court of Appeals Fifth District of Texas at Dallas

JUDGMENT
BARANTAS, INCORPORATED, PATRICK J. O’BRIEN, BRIAN P. FOX, AND EGS ADMINISTRATION, LLC, Appellants
No. 05

- 17

- 01229

- CV V.
ENTERPRISE FINANCIAL GROUP INCORPORATED, Appellee On Appeal from the 191st Judicial District Court, Dallas County, Texas Trial Court Cause No. DC

- 17

- 01503. Opinion delivered by Justice Stoddart. Justices Lang

- Miers and Fillmor e participating.

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 7 th day of August, 2018.