COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS § JOHNNY LEE CARTER, No. 08-08-00069-CV § Appellant, Appeal from § v. 327th District Court § PARK RIDGE APARTMENTS, of El Paso County, Texas § Appellee. (TC # 2007-4770)

MEMORANDUM OPINION Pending before the Court is Appellee’s motion to dismiss this appeal as moot. On February 12, 2008, Appellant, proceeding pro se, filed a notice of appeal from the trial court’s order denying his motion to compel production of documents. On March 26, 2008, Appellant filed a notice of non-suit in the trial court. The trial court, on April 3, 2008, entered a final summary judgment in favor of Appellee on its counterclaims against Appellant. Appellant has filed a separate notice of appeal from the final summary judgment on Appellee’s counterclaims and that appeal has been docketed as cause number 08-08-00154-CV. By taking a non-suit, Appellant dismissed his claims in the trial court and rendered his attempted appeal of the interlocutory order moot. See TEX .R.CIV .P. 162. We grant the motion and dismiss the appeal.

July 3, 2008 ANN CRAWFORD McCLURE, Justice Before Chew, C.J., McClure, and Carr, JJ.

Chew, C.J., not participating