Carter v. STEVENS TRANSPORT, INC.
Texas Court of Appeals, 8th District (El Paso)
1Opinion of the Court
OPINION
DAVID WELLINGTON CHEW, Justice.
This appeal arises from a breach of contract action filed by Appellant Johnnie Lee Carter against Appellee Stevens Transport, Inc. During the pendency of the underlying action, Appellant filed a notice of intent to orally depose Appellee. In response, Appellee moved to quash Appellant’s notice of intent to depose. The trial court granted Appellee’s motion and Appellant appealed the trial court’s ruling. While his appeal was pending, Appellant non-suited the underlying case.
Pending before the Court is Appellee’s motion to dismiss this appeal pursuant to…