Opinion
NUMBER 13-19-00039-CV
03-05-2019
IN RE CLAUDIA RAMOS
On Petition for Writ of Mandamus.
MEMORANDUM OPINION
Before Chief Justice Contreras and Justices Benavides and Longoria
Memorandum Opinion by Justice Longoria
See TEX. R. APP. P. 52.8(d) ("When granting relief, the court must hand down an opinion as in any other case," but when "denying relief, the court may hand down an opinion but is not required to do so."); id. R. 47.4 (distinguishing opinions and memorandum opinions).
Relator Claudia Ramos filed a petition for writ of mandamus through which she contends that the trial court abused its discretion by ordering a new trial because the reasons set forth in the new trial order were not facially valid or supported by the record. This Court requested that the real parties in interest, Alberto Macias, Maria Macias, Teodoro Lopez III, Marina Macias, or any others whose interest would be directly affected by the relief sought, file a response to the petition for writ of mandamus. TEX. R. APP. P. 52.2, 52.4, 52.8. Currently before the Court is an unopposed "Notice of Settlement" filed by Alberto Macias, Maria Macias, and Teodoro Lopez III. According to the notice, relator and the real parties in interest have reached an agreement resolving the claims between them. These parties allege that all claims pending in this original proceeding have been resolved and this petition for writ of mandamus has been rendered moot.
The Court, having examined and fully considered the petition for writ of mandamus, the record, and the additional filings provided by the parties to this original proceeding, is of the opinion that this matter has been rendered moot. See City of Krum, Tex. v. Rice, 543 S.W.3d 747, 749 (Tex. 2017) (per curiam) (stating that a case is moot when there is not a live controversy between the parties or when the parties have no legally cognizable interest in the outcome of the case); Heckman v. Williamson Cty., 369 S.W.3d 137, 162 (Tex. 2012) ("Put simply, a case is moot when the court's action on the merits cannot affect the parties' rights or interests."); 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."). Accordingly, we dismiss the petition for writ of mandamus as moot. See TEX. R. APP. P. 52.8(a).
See TEX. R. APP. P. 52.8(a), 52.10(b).
NORA L. LONGORIA
Justice Delivered and filed the 5th day of March, 2019.