Opinion
No. 05-15-00685-CV
06-17-2015
IN RE TRUE HEALTH DIAGNOSTICS, LLC, AND JEFFREY P. "BOOMER" CORNWELL, Relators
Original Proceeding from the 416th Judicial District Court Collin County, Texas
Trial Court Cause No. 416-01046-2015
MEMORANDUM OPINION
Before Justices Lang-Miers, Evans, and Whitehill
Opinion by Justice Evans
By unopposed motion dated June 16, 2015 relators True Health Diagnostics, LLC and Jeffery P. "Boomer" Cornwell seek the dismissal of their petition for writ of mandamus because real parties in interest have non-suited the proceeding from which the petition for writ of mandamus arose. 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).
We dismiss the petition for lack of jurisdiction.
/David Evans/
DAVID EVANS
JUSTICE
150685F.P05