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In re Coats

Court of Appeals of Texas, Fifth District, Dallas
May 6, 2004
No. 05-04-00563-CV (Tex. App. May. 6, 2004)

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 Jennings

Opinion

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).


Summaries of

In re Coats

Court of Appeals of Texas, Fifth District, Dallas
May 6, 2004
No. 05-04-00563-CV (Tex. App. May. 6, 2004)

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 Jennings
Case details for

In re Coats

Case Details

Full title:IN RE PAUL AND SALLY COATS, Relators

Court:Court of Appeals of Texas, Fifth District, Dallas

Date published: May 6, 2004

Citations

No. 05-04-00563-CV (Tex. App. May. 6, 2004)

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