John Waymon Brown, Russell Vance Buras, Larry Robert Hammond, and Michael Kirk Ross, relators, filed a petition for writ of mandamus with this Court. Tex. R. App. P. 52. Relators contemporaneously filed a notice of interlocutory appeal from an order denying a motion to compel arbitration and stay proceedings. See Brown v. Anderson, No. 09-02-359 CV (Tex. App.--Beaumont March 6, 2003); Tex. Civ. Prac. & Rem. Code Ann. § 171.098(a) (Vernon Supp. 2003). The parties do not contest that the Texas Arbitration Act applies in this case; we concur with that position. We have issued an opinion reversing the trial court's order denying the motion to compel arbitration and have remanded the interlocutory appeal to the trial court for further proceedings. See Brown, No. 09-02-359 CV.

As the Texas Arbitration Act, rather than the Federal Arbitration Act, applies, the appropriate remedy is through interlocutory appeal. As relators have successfully prosecuted their interlocutory appeal, their petition for writ of mandamus, involving identical issues and facts, is now moot. The petition for writ of mandamus is dismissed.

PETITION FOR WRIT OF MANDAMUS DISMISSED.

PER CURIAM

Submitted on January 28, 2003

Opinion Delivered March 6, 2003

Before McKeithen, C.J., Burgess and Gaultney, JJ.