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
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 However, relators have now filed an unopposed motion to dismiss this original proceeding because the trial court has rescinded its order transferring the case.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.