Opinion
14-24-00723-CV
10-04-2024
IN RE JASON JOSEPH LAUBENSTEIN, Relator
ORIGINAL PROCEEDING WRIT OF MANDAMUS 152nd District Court Harris County, Texas Trial Court Cause No. 2020-37737
Panel consists of Jewell, Bourliot, and Zimmerer, Justices.
MEMORANDUM OPINION
PER CURIAM
On October 2, 2024, relator Jason Joseph Laubenstein filed a petition for writ of mandamus and a motion to stay in this Court. See Tex. Gov't Code Ann. § 22.221; see also Tex.R.App.P. 52. In the petition, relator asks this Court to compel the Honorable Robert Schaffer, presiding judge of the 152nd District Court of Harris County, to rule on relator's motion to dismiss for lack of jurisdiction.
On October 2, 2024, counsel for relator notified this Court by letter that respondent ruled on the pending motion. According to relator, "[b]ecause the ruling has occurred, it appears that the mandamus petition is now moot."
A petition for a writ of mandamus for failure to rule is dismissed as moot when the trial court rules after the petition for writ of mandamus is filed. See In re 4KBC Trucking, LLC, No. 14-23-00675-CV, 2023 WL 7141209, at *1 (Tex. App.-Houston [14th Dist.] Oct. 31, 2023, orig. proceeding). We dismiss relator's petition for writ of mandamus as moot. We also dismiss relator's motion to stay as moot.