Opinion
05-24-00973-CV
08-19-2024
IN RE HOMESITE INSURANCE COMPANY AND JAMES VALLE, Relators
Original Proceeding from the 101st Judicial District Court Dallas County, Texas Trial Court Cause No. DC-23-17599
Before Justices Pedersen, III, Smith, and Garcia
ORDER
BILL PEDERSEN, III JUSTICE
Before the Court is relators' August 19, 2024 petition for writ of mandamus. Relators challenge an August 9, 2024 order signed by the Honorable Staci Williams wherein Judge Williams denied relators' motion to sever and abate. Relators also challenge an August 9, 2024 order signed by Associate Judge Rachel Craig on Plaintiff's Motion to Compel Written Discovery and Depositions.
It has come to the Court's attention that on August 19, 2024, the trial court issued amended orders on the motion to sever and abate and on the motion to compel. These orders may render this original proceeding moot, and this Court lacks subject-matter jurisdiction over moot proceedings. See In re Holland, No. 05-24-00687-CV, 2024 WL 3770332, at (Tex. App.-Dallas Aug. 13, 2024, orig. proceeding) (mem. op.) (dismissing original proceeding as moot when trial court's ruling delivered relator all relief he had requested in petition for writ of mandamus).
We ORDER relators to file by 12:00 p.m. on August 20, 2024, sworn or certified copies of the amended orders issued by the trial court on August 19, 2024, on relators' motion to sever and abate and on real party in interest's motion to compel. We further ORDER relators to file, by 12:00 p.m. on August 20, 2024, either a motion to dismiss this original proceeding or a letter brief explaining why this original proceeding is not moot. Real party in interest may file a responsive letter brief addressing this Court's jurisdiction by 4:00 p.m. on August 20, 2024. But this Court may dismiss this original proceeding without waiting for a response if it determines that the Court lacks jurisdiction.
We CAUTION relators that the failure to file the materials requested in this order might result in dismissal of this original proceeding without further notice from the Court.