Opinion
05-21-01115-CV
06-03-2022
IN RE SONIA DIAZ AND QBE AMERICAS, INC., Relators
Original Proceeding from the 101st Judicial District Court Dallas County, Texas Trial Court Cause No. DC-19-14300
Before Justices Myers, Partida-Kipness, and Carlyle
MEMORANDUM OPINION
LANA MYERS, JUSTICE
Before the Court is relators Sonia Diaz and QBE Insurance Corporation's petition for writ of mandamus. In the petition, relators challenge the trial court's failure to hold a hearing on their Texas Citizens Participation Act ("TCPA") motion to dismiss before the statutory deadline to do so expired.
Entitlement to mandamus relief requires relators to show that the trial court clearly abused its discretion and that they lack an adequate appellate remedy. In re Copart, Inc., 619 S.W.3d 710, 713 (Tex. 2021) (orig. proceeding) (citing In re Prudential Ins. Co., 148 S.W.3d 124, 135-36 (Tex. 2004) (orig. proceeding)). 1 However, a claim for mandamus relief is moot when the Court can no longer affect the parties' rights or interests. See Heckman v. Williamson County, 369 S.W.3d 137, 162 (Tex. 2012).
After reviewing relators' petition and the mandamus record, we conclude that the statutory deadline by which the trial court must hold the TCPA hearing had expired prior to relators filing their petition and the trial court may no longer hold the hearing. See In re Tabletop Media, LLC, No. 05-20-00454-CV, 2020 WL 2847272, at *2 (Tex. App.-Dallas June 2, 2020, orig. proceeding) (mem. op.) (trial court not authorized to act outside the deadlines set out in the TCPA). Accordingly, we dismiss relators' petition for writ of mandamus as moot. See Tex. R. App. P. 52.8(a). 2