Opinion
No. 05-19-01423-CV
09-21-2020
IN RE CALIBER HOME LOANS, INC., Relator
Original Proceeding from the 95th District Court Dallas County, Texas
Trial Court Cause No. DC-19-08719
MEMORANDUM OPINION
Before Justices Myers, Molberg, and Nowell
Opinion by Justice Nowell
Relator filed a petition for mandamus seeking a writ regarding the trial court's October 31, 2019 order compelling all parties to participate in non-binding arbitration. After signing the order, respondent judge, the Honorable David Evans, ceased to hold office as the presiding judge of the 95th Judicial District Court of Dallas County. As required by rule 7.2 of the appellate rules, we stayed the proceeding below and abated this case to allow the successor judge to reconsider the original judge's decision. On August 25, 2020 we received the successor judge's order reconsidering and withdrawing the October 31, 2019 order.
Because the now rescinded October 31, 2019 order was the subject of relator's petition, we questioned our jurisdiction. See Heckman v. Williamson Cty., 369 S.W.3d 137, 162 (Tex. 2012) (court lacks jurisdiction over case that has become moot). In response to our inquiry, on September 15, 2020, relator filed a letter stating it also deemed this proceeding moot. Accordingly, we LIFT the stay imposed on the proceedings below and DISMISS this proceeding.
/Erin A. Nowell/
ERIN A. NOWELL
JUSTICE 191423F.P05