Opinion
05-24-01112-CV
12-11-2024
IN RE SMITH SYSTEM MANUFACTURING COMPANY, Relator
Original Proceeding from the 68th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-23-13293
Before Justices Molberg, Carlyle, and Breedlove
ORDER
KEN MOLBERG JUSTICE
It has come to the Court's attention that on November 25, 2024, the trial court issued an order dismissing the underlying case with prejudice. Accordingly, it appears the mandamus proceeding has become moot. See Elec. Reliability Council of Tex., Inc. v. Panda Power Generation Infrastructure Fund, LLC, 619 S.W.3d 628, 634-35 (Tex. 2021) (orig. proceeding) (discussing mootness doctrine). We lack jurisdiction over a moot proceeding. See id.
Therefore, we ORDER relator to file, on or before December 23, 2024, a motion to dismiss or a letter brief showing cause why the mandamus proceeding should not be dismissed for want of jurisdiction. See Tex. R. App. P. 42.3(a). Any party may file a response within ten days of the filing of relator's letter brief should one be filed. Should the Court determine it lacks jurisdiction, the original proceeding will be dismissed without further notice. See id. The original proceeding may also be dismissed without further notice should relator fail to timely file the requested letter brief. See Tex. R. App. P. 42.3(c).