Opinion
06-22-00031-CV
06-16-2022
IN RE MASON-GIBSON, INC., D/B/A HOLIDAY INN EXPRESS PALESTINE, TEXAS
Date Submitted: June 15, 2022
Original Mandamus Proceeding
Before Morriss, C.J., Stevens and van Cleef, JJ.
MEMORANDUM OPINION
Scott E. Stevens Justice
Christopher Jaynes sued Mason-Gibson, Inc., d/b/a Holiday Inn Express Palestine, Texas, for injuries he claims to have received when a compressed-air, flushing device in his hotel room exploded. Mason-Gibson filed a motion to designate Sloan Valve Company-the manufacturer of the flushing device that allegedly injured Jaynes-as a responsible third party. After the trial court denied Mason-Gibson's motion, Mason-Gibson filed a petition for a writ of mandamus asking this Court to order the trial court to grant its motion to designate Sloan as a responsible third party.
Jaynes, the real party in interest, has since filed a response to Mason-Gibson's petition in which he states that he informed the trial court that he no longer opposes Mason-Gibson's motion for leave to designate Sloan as a responsible third party. As a result, the trial court reconsidered its ruling "[i]n light of the agreement of the parties" and on June 10, 2022, entered an order granting Mason-Gibson's motion to designate Sloan as a responsible third party
The trial court's June 10, 2022, order designating Sloan as a responsible third party has mooted the controversy over this issue. See Elec. Reliability Council of Tex., Inc. v. Panda Power Generation Infrastructure Fund, LLC, 619 S.W.3d 628, 635 n.9 (Tex. 2021) (orig. proceeding) ("Put simply, a case is moot when the court's action on the merits cannot affect the parties' rights or interests." Heckman v. Williamson Cnty., 369 S.W.3d 137, 162 (Tex. 2012)).
When a case becomes moot, we must dismiss the case for want of jurisdiction. Id. at 641-42. Accordingly, we dismiss, for want of jurisdiction, this petition for a writ of mandamus.