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In re Mendell

Court of Appeals For The First District of Texas
Mar 30, 2021
NO. 01-20-00750-CV (Tex. App. Mar. 30, 2021)

Opinion

NO. 01-20-00750-CV

03-30-2021

IN RE JOAN GOTTLIEB MENDELL, INDIVIDUALLY AND IN HER CAPACITY AS TRUSTTE OF THE MK TRUST NO. 2, Relator


Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

On October 30, 2020, relator, Joan Gottlieb Mendell, individually and in her capacity as Trustee of the MK Trust No. 2, filed a petition for writ of mandamus, challenging the trial court's October 22, 2020 "Order Granting Permanent Injunction Pursuant to Texas Trust Code § 114.008." Relator also filed an "Emergency Motion for Temporary Relief," requesting that this Court stay the enforcement of the trial court's October 22, 2020 order pending our consideration of relator's mandamus petition. On October 30, 2020, the Court granted relator's request for emergency relief.

The underlying case is In re The MK Trust No. 2, Cause No. 475348, in the Probate Court No. 1 of Harris County, Texas, the Honorable Jerry Simoneaux presiding. --------

Relator has filed a motion to dismiss the petition for writ of mandamus. In the motion, relator states that on January 19, 2021, the trial court entered a final judgment in the underlying case. Relator's motion includes a certificate of conference representing that real parties in interest, Laurence Scott and Rachel Chaput, are not opposed to the relief sought in relator's motion to dismiss. See TEX. R. APP. P. 10.3(a)(2).

Accordingly, we grant relator's motion, dismiss the petition, and lift the stay imposed by our October 30, 2020 order. We dismiss all pending motions as moot.

PER CURIAM Panel consists of Justices Countiss, Rivas-Molloy, and Guerra.


Summaries of

In re Mendell

Court of Appeals For The First District of Texas
Mar 30, 2021
NO. 01-20-00750-CV (Tex. App. Mar. 30, 2021)
Case details for

In re Mendell

Case Details

Full title:IN RE JOAN GOTTLIEB MENDELL, INDIVIDUALLY AND IN HER CAPACITY AS TRUSTTE…

Court:Court of Appeals For The First District of Texas

Date published: Mar 30, 2021

Citations

NO. 01-20-00750-CV (Tex. App. Mar. 30, 2021)