Summary
dismissing mandamus petition as moot when trial court had signed final judgment
Summary of this case from In re GrabowskiOpinion
NO. 01-13-00959-CV
02-20-2014
Original Proceeding on Petition for Writ of Mandamus
MEMORANDUM OPINION
Relator, Best Transportation Service, Inc., a/k/a Mink Investments, Inc., a/k/a Best Delivery Systems, Inc., has filed a petition for writ of mandamus contending that respondent, the Honorable Elaine Palmer, abused her discretion in denying relator's request for an independent medical examination of real party in interest, Todd Hatch. Because it appears that the trial court has signed a final judgment in the underlying case and the proceeding is moot, the Clerk of this Court issued a notice of intent to dismiss the petition unless the parties filed a response demonstrating that the Court has jurisdiction over the proceeding. The parties have not responded.
The petition identifies the underlying case as Todd Hatch v. Best Transportation Service, Inc., a/k/a Mink Investments, Inc., a/k/a Best Delivery Systems, Inc. and Jorge W. Calucho, cause no. 2012-32031, in the 215th District Court of Harris County, Texas.
Accordingly, we dismiss the petition for writ of mandamus as moot.
PER CURIAM
Panel consists of Justices Jennings, Higley, and Sharp.