Opinion
NO. 09-16-00415-CV
03-09-2017
MEHRASA KHODAVERDI A/K/A TONY VERDI AND VERDI ENTERPRISE, LLC, Appellants v. HAMIDREZA PIRAYESHNEJAD, Appellee
On Appeal from the 410th District Court Montgomery County, Texas
Trial Cause No. 16-08-09938-CV
MEMORANDUM OPINION
On November 1, 2016, Mehrasa Khodaverdi a/k/a Tony Verdi and Verdi Enterprise, LLC (collectively referred to as "Verdi") filed a notice of accelerated appeal from the trial court's order denying a motion to expunge a lis pendens. Verdi filed a mandamus petition in lieu of a brief. Hamidreza Pirayeshnejad filed a response and asserted that mandamus is the proper procedural vehicle. Therefore, we abated the appeal to provide an opportunity for Verdi to obtain a ruling from the successor judge. See generally Tex. R. App. P. 7.2. On February 16, 2017, we received a copy of an order granting a re-hearing on the motion to expunge a lis pendens.
An accelerated appeal became moot when the trial court effectively dissolved the order denying the motion to expunge the lis pendens. See generally Tex. R. App. P. 29.5. The successor judge's order mooted Verdi's mandamus petition. See Dow Chem. Co. v. Garcia, 909 S.W.2d 503, 505 (Tex. 1995) (orig. proceeding) (court will not issue mandamus if it would be useless or unavailing); see also In re Bowen, No. 05-10-01622-CV, 2016 WL 522951, at *1 (Tex. App.—Dallas 2011, orig. proceeding). Neither an amended notice of appeal nor a petition for a writ of mandamus complaining of an action by the successor judge has been filed. There is no controversy before this Court. Accordingly, we decline to address this matter as an original mandamus proceeding and we dismiss the accelerated appeal.
DISMISSED.
/s/_________
LEANNE JOHNSON
Justice Submitted on January 11, 2017
Opinion Delivered March 9, 2017 Before McKeithen, C.J., Kreger and Johnson, JJ.