In re Sci Tx. Funeral Serv.

Full title: IN RE SCI TEXAS FUNERAL SERVICES, INC

Court: Court of Appeals of Texas, Thirteenth District, Corpus Christi — Edinburg

Date published: Apr 23, 2009

No. 13-99-00741-CV (Tex. App. Apr. 23, 2009)

Opinion

No. 13-99-00741-CV

Memorandum Opinion delivered and filed April 23, 2009.

On Petition for Writ of Mandamus.

Before Chief Justice VALDEZ and Justices GARZA and VELA.

MEMORANDUM OPINION

Memorandum Opinion PER CURIAM.[fn1] [fn1] See TEX. R. APP. P. 52.8(d) ("When denying relief, the court may hand down an opinion but is not required to do so."); TEX. R. APP. P. 47.4 (distinguishing opinions and memorandum opinions).

On May 4, 2000, this Court abated this original proceeding pending action by the trial court on a petition for bill of review. There was no further activity in this cause until March 5, 2009, when this Court ordered the parties to file an advisory regarding the status of the mandamus proceeding and, if applicable, a motion to reinstate or a motion to dismiss. Relator has now filed a motion to dismiss this proceeding on grounds that it is moot. More than ten days have passed and the real parties in interest have not filed a response to the motion to dismiss.

The Court, having examined and fully considered the petition for writ of mandamus and the motion to dismiss, is of the opinion that relator has shown itself entitled to the relief sought. Accordingly, the motion to dismiss is GRANTED, and the petition for writ of mandamus is DISMISSED AS MOOT without reference to the merits.

IT IS SO ORDERED.