Merrill Lynch, Pierce, Fenner, & Smith, Inc. v. Hughes

After appeal of a trial court’s order denying arbitration, the parties settled their dispute. Despite having received a joint motion to dismiss the appeal, the court of appeals issued an opinion dismissing for want of jurisdiction. 809 S.W.2d 679 (Tex. App.1991).

The filing of a joint motion to dismiss prior to disposition mooted the appeal: “ ‘[I]t is axiomatic that appellate courts do not decide cases in which no controversy exists between the parties.’ Accordingly, if no controversy continues to exist between [the parties], the appeal is moot and this court must dismiss the cause.” General…