Summary
dismissing an original proceeding as moot where the trial court granted a summary judgment on claims pending below
Summary of this case from In re JenningsOpinion
No. 05-04-00563-CV.
Opinion Issued May 6, 2004.
Appeal from Original Proceeding from the County Court at Law No. 4 Dallas County, Texas, Trial Court Cause No. 03-06162-D.
Writ of Mandamus Dismissed.
Before Justices JAMES, BRIDGES, and FRANCIS.
MEMORANDUM OPINION
Relators filed this original proceeding contending the trial judge abused his discretion in denying their motion to compel production of documents. Real parties in interest have filed a motion to dismiss stating that after the filing of the petition the trial court granted a summary judgment to real parties in interest on all relators' claims pending below. The Court GRANTS real parties in interest's motion to dismiss. A "mandamus will not issue if for any reason it would be useless or unavailing." Holcombe v. Fowler, 9 S.W.2d 1028 (Tex. 1928). Accordingly, the Court DISMISSES this original proceeding as moot. See Tex.R.App.P. 52.8(a).