Opinion
NO. 01-17-00927-CV
04-03-2018
IN RE SIEMENS GAMESA RENEWABLE ENERGY WIND US, LLC, Relator
Original Proceeding on Petition for Writ of Mandamus
MEMORANDUM OPINION
This Court's December 12, 2017 Order of Abatement had abated the petition for a writ of mandamus filed by relator, Siemens Gamesa Renewable Energy Wind US, LLC, and remanded to allow the successor respondent, the Honorable Debra Ibarra Mayfield, to reconsider the October 30, 2017 order in question. That order, signed by the former respondent, the Honorable Patricia Kerrigan, had granted real party in interest GCube Underwriting Limited, as assignee and subrogee of E.ON Climate & Renewables North America, LLC's ("GCube") first supplemental motion to enforce the judgment.
The underlying case is E.ON Climate & Renewables North Am., LLC v. Gamesa Wind US, LLC, Cause No. 2013-67072-7, pending in the 190th District Court, Harris County, Texas, the Honorable Debra Ibarra Mayfield presiding.
On March 26, 2018, the district clerk filed a supplemental clerk's record attaching the respondent's March 9, 2018 order, which vacated the October 30, 2017 order in question and denied with prejudice GCube's first supplemental motion to enforce the judgment. Accordingly, because the respondent has vacated the order in question, we reinstate this case and dismiss the petition as moot. See In re Becker, No. 01-10-00917-CV, 2011 WL 1588520, at *1 (Tex. App.—Houston [1st Dist.] Apr. 16, 2011, orig. proceeding) (mem. op.) (dismissing mandamus petition as moot because "subject orders are no longer in effect, the issues raised in the petition are moot").
PER CURIAM Panel consists of Justices Jennings, Keyes, and Higley.