Opinion
No. 04-14-00856-CV
02-04-2015
IN RE Ropal ANDERSON, Gerald Busch and Hortencia Morales
MEMORANDUM OPINION
Original Mandamus Proceeding PER CURIAM Sitting: Karen Angelini, Justice Marialyn Barnard, Justice Patricia O. Alvarez, Justice PETITION FOR WRIT OF MANDAMUS DISMISSED AS MOOT
This proceeding arises out of Cause No. 2014CI15046, styled In re Matthew Hileman, pending in the 288th Judicial District Court, Bexar County, Texas, the Honorable David A. Canales presiding.
Relators filed this petition for writ of mandamus on December 10, 2014, complaining of the trial court's November order authorizing pre-suit depositions. See TEX. R. CIV. P. 202. On December 11, 2014, this court granted a temporary stay of the scheduled depositions and requested a response to the petition. The real party in interest filed a motion to dismiss the mandamus proceeding as moot on January 7, 2015, based on the trial court's subsequent order vacating the order at issue in this proceeding. The respondent trial judge filed a similar motion to dismiss the proceeding as moot on January 14, providing a copy of his order which vacated the challenged order in its entirety.
We agree that the trial court's subsequent order has rendered this mandamus proceeding moot. Accordingly, the motions to dismiss are granted and the petition for writ of mandamus is dismissed as moot.
PER CURIAM