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In re Daidone

Court of Appeals of Texas, Thirteenth District, Corpus Christi-Edinburg
Mar 21, 2024
No. 13-24-00154-CV (Tex. App. Mar. 21, 2024)

Opinion

13-24-00154-CV

03-21-2024

IN RE JEANETTE DAIDONE AND WILLIAM ELDON FLORES


ON PETITION FOR WRIT OF MANDAMUS

Before Chief Justice Contreras and Justices Longoria and Peña

MEMORANDUM OPINION

L. ARON PEÑA JR. JUSTICE

See Tex. R. App. P. 52.8(d) ("When denying relief, the court may hand down an opinion but is not required to do so. When granting relief, the court must hand down an opinion as in any other case."); id. R. 47.4 (distinguishing opinions and memorandum opinions).

Relators Jeanette Daidone and William Eldon Flores filed a petition for writ of mandamus asserting that the trial court abused its discretion by transferring venue of the underlying case from Nueces County, Texas, to a state court located in Houston, Texas. However, relators have now filed an unopposed motion to dismiss this original proceeding because the trial court has rescinded its order transferring the case. Relators thus assert that their petition for writ of mandamus is moot.

The Court, having examined and fully considered the petition for writ of mandamus and the unopposed motion to dismiss, is of the opinion that relators' request for mandamus relief is moot. See In re Cont. Freighters, Inc., 646 S.W.3d 810, 813 (Tex. 2022) (orig. proceeding) (per curiam); Heckman v. Williamson County, 369 S.W.3d 137, 162 (Tex. 2012); In re Kellogg Brown & Root, Inc., 166 S.W.3d 732, 737 (Tex. 2005) (orig. proceeding). Accordingly, we grant relators' unopposed motion to dismiss, and we dismiss this original proceeding as moot.


Summaries of

In re Daidone

Court of Appeals of Texas, Thirteenth District, Corpus Christi-Edinburg
Mar 21, 2024
No. 13-24-00154-CV (Tex. App. Mar. 21, 2024)
Case details for

In re Daidone

Case Details

Full title:IN RE JEANETTE DAIDONE AND WILLIAM ELDON FLORES

Court:Court of Appeals of Texas, Thirteenth District, Corpus Christi-Edinburg

Date published: Mar 21, 2024

Citations

No. 13-24-00154-CV (Tex. App. Mar. 21, 2024)