Opinion
01-22-00055-CV
03-24-2022
IN RE SHANNON COLEMAN, Relator
Original Proceeding on Petition for Writ of Mandamus
Panel consists of Chief Justice Radack and Justices Countiss and Farris.
MEMORANDUM OPINION
PER CURIAM.
Relator, Shannon Coleman, has filed a petition for writ of mandamus, challenging the trial court's failure to rule on her motion to compel.
The underlying case is In the Estate of Charles Barlow Coleman, No. 21-CPR-035353 in the County Court at Law Number 3 of Fort Bend County, Texas, the Honorable Juli Mathew presiding.
On February 25, 2022, the real party in interest filed a verified motion to dismiss, stating that the underlying proceeding had been non-suited and that this proceeding was therefore moot. Relator has not responded to the motion to dismiss. As a result of the non-suit of the proceeding underlying this petition for writ of mandamus, the petition for writ of mandamus is now moot. See In re Kellogg Brown & Root, Inc., 166 S.W.3d 732, 737 (Tex. 2005) (orig. proceeding) ("A case becomes moot if a controversy ceases to exist between the parties at any stage of the legal proceedings."); State Bar of Tex. v. Gomez, 891 S.W.2d 243, 245 (Tex. 1994) (orig. proceeding) (controversy is justiciable, if real controversy exists between parties that will be actually resolved by judicial relief sought).
Accordingly, we grant the real party in interest's motion and dismiss the petition for writ of mandamus as moot.