Opinion
14-24-00138-CV
02-29-2024
IN RE MEMORIAL HERMANN HEALTH SYSTEM D/B/A MEMORIAL HERMANN-TEXAS MEDICAL CENTER, Relator
ORIGINAL PROCEEDING WRIT OF MANDAMUS
165th District Court Harris County, Texas Trial Court Cause No. 2022-16079
Panel consists of Chief Justice Christopher and Justices Zimmerer and Wilson.
MEMORANDUM OPINION
PER CURIAM
On February 23, 2024, relator Memorial Hermann Health System d/b/a Memorial Hermann-Texas Medical Center filed a petition for writ of mandamus 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 Ursula Hall, presiding judge of the 165th District Court of Harris County, to rule on relator's no-evidence motion for summary judgment filed on May 9, 2023.
Our Court requested the real party in interest to file a response to relator's petition by March 8, 2024.
On February 26, 2024, the trial court provided our Court a copy of a final judgment granting relator's no-evidence motion for summary judgment. Thereafter, relator filed a motion to dismiss its mandamus as 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). Thus, we grant relator's motion to dismiss. We dismiss relator's petition for writ of mandamus as moot.