Opinion
No. 04-18-00288-CV
05-18-2018
IN RE Robin BROWN
This proceeding arises out of Cause No. 2015CI04701, styled Robin Brown f/k/a Robin Brown Walton v. Terry Faseler and Unknown Persons, pending in the 57th Judicial District Court, Bexar County, Texas. The Honorable Dick Alcala signed the order at issue in this proceeding.
ORDER
Sitting: Sandee Bryan Marion, Chief Justice Patricia O. Alvarez, Justice Luz Elena D. Chapa, Justice
On May 1, 2018, relator filed a petition for writ of mandamus and a motion for emergency stay. In her petition, relator challenges the trial court granting a new trial based on insufficient evidence to support the award of mental anguish damages. Relator asks this court to order the trial court to vacate its new trial order and enter a judgment on the jury's findings as to all things except mental anguish damages, which she has remitted.
Because the trial court notified the parties it would conduct a hearing on all pending matters on May 10, 2018, we ordered that both the petition for writ of mandamus and the motion for emergency stay be held in abeyance. This court has been provided with a copy of the trial court's notes from the hearing, which state the voluntary remittitur of mental anguish damages was accepted and a judgment would be submitted to the trial court "without mental anguish damages." Because it appears the trial court's ruling may moot relator's petition for writ of mandamus, relator is ORDERED to show cause in writing no later than May 28, 2018 why this court should not dismiss the petition and motion for emergency stay as moot.
PER CURIAM ATTESTED TO: /s/_________
Keith E. Hottle
Clerk of Court