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In re Lloyds

Court of Appeals of Texas, Thirteenth District, Corpus Christi-Edinburg
Sep 17, 2021
No. 13-21-00239-CV (Tex. App. Sep. 17, 2021)

Opinion

13-21-00239-CV

09-17-2021

IN RE STATE FARM LLOYDS


On Petition for Writ of Mandamus.

Before Justices Longoria, Hinojosa, and Tijerina

MEMORANDUM OPINION

JAIME TIJERINA JUSTICE

See Tex. R. App. P. 52.8(d) ("When denying relief, the court may hand down an opinion but is not required to do so," but "[w]hen granting relief, the court must hand down an opinion as in any other case"); id. R. 47.4 (distinguishing opinions and memorandum opinions).

In this original proceeding, relator State Farm Lloyds asserted that the trial court abused its discretion by compelling appraisal pursuant to an insurance policy issued to the real party in interest, Adelaida Martinez. However, State Farm Lloyds has now filed an unopposed motion to dismiss its petition for writ of mandamus on grounds that the parties have reached an agreement as to the issues presented in this original proceeding, and its petition for writ of mandamus "is no longer necessary." State Farm Lloyds thus requests that we dismiss this petition for writ of mandamus.

The Court, having examined and fully considered the unopposed motion to dismiss this original proceeding, is of the opinion that it should be granted. See Heckman v. Williamson Cnty., 369 S.W.3d 137, 162 (Tex. 2012) ("A case becomes moot if, since the time of filing, there has ceased to exist a justiciable controversy between the parties- that is, if the issues presented are no longer 'live,' or if the parties lack a legally cognizable interest in the outcome."); In re Kellogg Brown & Root, Inc., 166 S.W.3d 732, 737 (Tex. 2005) (orig. proceeding) ("A case becomes moot if a controversy ceases to exist between the parties at any stage of the legal proceedings, including the appeal."); see also In re Smith Cnty., 521 S.W.3d 447, 455 (Tex. App.-Tyler 2017, orig. proceeding). Accordingly, we grant State Farm Lloyds's unopposed motion to dismiss, and we dismiss this original proceeding.


Summaries of

In re Lloyds

Court of Appeals of Texas, Thirteenth District, Corpus Christi-Edinburg
Sep 17, 2021
No. 13-21-00239-CV (Tex. App. Sep. 17, 2021)
Case details for

In re Lloyds

Case Details

Full title:IN RE STATE FARM LLOYDS

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

Date published: Sep 17, 2021

Citations

No. 13-21-00239-CV (Tex. App. Sep. 17, 2021)