Opinion
NO. 01-16-00467-CV
07-27-2017
IN RE FARMERS TEXAS COUNTY MUTUAL INSURANCE COMPANY, Relator
Original Proceeding on Petition for Writ of Mandamus
MEMORANDUM OPINION
Relator, Farmers Texas County Mutual Insurance Company ("Farmers"), filed a petition for writ of mandamus seeking to vacate the respondent judge's June 6, 2016 order denying Farmers' motion to sever and abate the minor plaintiffs' settlement claims and asking this Court to enter an order granting that motion. Farmers also seeks to vacate the respondent trial judge's June 6, 2016 order granting the minor plaintiffs' motion to compel discovery and awarding $2,500 as attorney's fees to the minors as sanctions against Farmers and asks this Court to enter an order denying that motion and award. This Court requested and received a response from the real parties in interest, J.A.A. and A.M. ("minors"). Matias Adrogué, Individually, and Matias Adrogué, PLLC ("Adrogué"), other real parties in interest, and Farmers separately replied to the Minors' response. The minors responded to Adrogué's reply.
The underlying case is Denise Garcia, et al. v. Matias Adrogue, Cause Number 2013-04488, pending in the 133rd District Court of Harris County, Texas, the Hon. Jaclanel M. McFarland presiding.
On June 15, 2016, we granted a stay of the trial court's order compelling discovery and awarding sanctions. See TEX. R. APP. P. 52.10(b). In subsequent orders, on May 31 and June 26 of 2017, this Court granted Farmers' motions to stay this Court's disposition first until June 21, 2017, to allow the parties to mediate the matter, and then until July 17, 2017, to allow the trial court to approve the mediated settlement agreement.
On July 17, 2017, Farmers filed an "Agreed Motion to Dismiss" with an attached certificate of conference stating that counsel for the real parties in interest agree with this motion. See TEX. R. APP. P. 10.1(a)(5), 10.3(a)(2). Thus, Farmers requests that this Court dismiss their petition for writ of mandamus as moot. No opinion has issued. See TEX. R. APP. P. 42.1(c)
Accordingly, we grant Farmers' motion to dismiss the petition for writ of mandamus as moot, with each party bearing its own costs, and vacate our June 15, 2016 order staying the trial court's order compelling discovery and awarding sanctions. See TEX. R. APP. P. 42.1(a)(1), (d), 43.2(f).
PER CURIAM Panel consists of Justices Higley, Bland, and Brown.