Summary
dismissing mandamus proceeding as moot after the trial court vacated its order compelling discovery that was the subject of the proceeding
Summary of this case from In re RussoOpinion
NO. 01-17-00868-CV
12-12-2017
IN RE JORGE L. DIAZ, Relator
Original Proceeding on Petition for Writ of Mandamus
MEMORANDUM OPINION
In this mandamus proceeding, relator contends that the trial court abused its discretion by granting a motion to compel discovery. On November 22, 2017, we received a supplemental record showing that the order upon which relator complains, has been vacated. Accordingly, we dismiss the petition for writ of mandamus as moot. See FDIC v. Nueces Cnty., 886 S.W.2d 766, 767 (Tex. 1997); see also In re Becker, No. 01-10-00917-CV, 2011 WL 1588520, at *1 (Tex. App.—Houston [1st Dist.] April 21, 2011, orig. proceeding) (mem. op.) (dismissing mandamus proceedings as moot because "subject orders are no longer in effect"). We vacate our November 21, 2017 order staying the underlying proceedings.
The underlying case is Juan Guerra v. Jorge L. Diaz and Pavingrite Construction Corp., cause number 2016-87864, pending in the 125th District Court of Harris County, Texas, the Honorable Kyle Carter presiding.
PER CURIAM Panel consist of Chief Justice Radack and Justices Higley and Bland.