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In re Evanston Ins.

Court of Appeals of Texas, Thirteenth District, Corpus Christi — Edinburg
Nov 10, 2008
No. 13-08-00621-CV (Tex. App. Nov. 10, 2008)

Opinion

No. 13-08-00621-CV

Memorandum Opinion delivered and filed November 10, 2008.

On Petition for Writ of Mandamus.

Before Chief Justice VALDEZ and Justices RODRIGUEZ and BENAVIDES.


MEMORANDUM OPINION


Relator, Evanston Insurance Company, filed a petition for writ of mandamus and a motion for emergency stay in this cause on November 6, 2008. Relator argued that the trial court abused its discretion in ordering privileged documents to be entered into evidence at trial, and accordingly, asked this Court to stay the trial.

The Court granted the motion for emergency stay, in part, insofar as the trial court's order allowing the specified documents to be entered into evidence was ordered stayed pending further order of this Court, or until the case is finally decided, and denied the motion for emergency stay, in part, insofar as the trial could continue pending further action by this Court. The Court requested that the real party in interest, Maria F. Pineda, individually and d/b/a San Luis Mexican Restaurant, by and through counsel, file a response to relator's petition for writ of mandamus on or before 9:00 a.m., Friday, November 7, 2008. By correspondence of that date, the real party in interest informed the Court that the trial court withdrew the ruling that is the subject of this petition for writ of mandamus, and "Relator and Real Party in Interest believe that the relief requested in the Petition for Writ of Mandamus . . . is now moot."

The Court, having examined and fully considered the petition for writ of mandamus and the subsequent events relating thereto, is of the opinion that the petition for writ of mandamus should be dismissed. Accordingly, the stay previously imposed by this Court is LIFTED. See Tex. R. App. P. 52.10(b) ("Unless vacated or modified, an order granting temporary relief is effective until the case is finally decided."). The petition for writ of mandamus is DISMISSED.


Summaries of

In re Evanston Ins.

Court of Appeals of Texas, Thirteenth District, Corpus Christi — Edinburg
Nov 10, 2008
No. 13-08-00621-CV (Tex. App. Nov. 10, 2008)
Case details for

In re Evanston Ins.

Case Details

Full title:IN RE EVANSTON INSURANCE COMPANY

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

Date published: Nov 10, 2008

Citations

No. 13-08-00621-CV (Tex. App. Nov. 10, 2008)