PNC Bank, N.A. v. RPCG-GP I, LLC

Summary

The Fifth District Court of Appeals of Texas dismissed PNC Bank’s interlocutory appeal for want of jurisdiction. The court held that the appeal became moot after the trial court denied RPCG-GP I, LLC’s Rule 202 petition for pre-suit discovery, leaving no live controversy. The court concluded that neither exception to the mootness doctrine applied.

Holdings

1. The appeal was moot because denial of the Rule 202 petition eliminated the only controversy between the parties, and a decision on the special appearance would no longer affect their rights.
2. Neither the capable-of-repetition-yet-evading-review exception nor the collateral-consequences exception applied because PNC Bank made no allegation bringing the special-appearance appeal within either exception.

Questions Presented

1. Whether the interlocutory appeal from the order denying PNC Bank's special appearance became moot after the trial court denied the Rule 202 petition for pre-suit discovery.
2. Whether either the capable-of-repetition-yet-evading-review exception or the collateral-consequences exception to mootness permitted review despite the absence of a live controversy.

Disposition

dismissed