Opinion
NUMBER 13-17-00702-CV
01-12-2018
IN RE STATE FARM LLOYDS
On Petition for Writ of Mandamus.
MEMORANDUM OPINION
Before Justices Rodriguez, Contreras, and Hinojosa
Memorandum Opinion by Justice Hinojosa
See TEX. R. APP. P. 52.8(d) ("When denying relief, the court may hand down an opinion but is not required to do so. When granting relief, the court must hand down an opinion as in any other case."); id. R. 47.4 (distinguishing opinions and memorandum opinions).
Relator State Farm Lloyds filed a petition for writ of mandamus in the above cause on December 20, 2017 contending that the trial court abused its discretion by reinstating the underlying case after its plenary power expired. This Court requested that the real party in interest, Guadalupe Ozuna, or any others whose interest would be directly affected by the relief sought, file a response to the petition for writ of mandamus. See TEX. R. APP. P. 52.2, 52.4, 52.8. Ozuna has now filed a second amended agreed motion to dismiss this original proceeding on grounds that the trial court has vacated the order of reinstatement, thereby rendering this original proceeding as moot.
Justice Nora Longoria originally served on panel for this original proceeding. She recused herself from further participation in this matter and Justice Contreras has been assigned to serve on panel in her stead. See generally TEX. R. APP. P. 41.1.
The Court, having examined and fully considered the petition for writ of mandamus and the second amended agreed motion to dismiss, is of the opinion that this matter has been rendered moot. See Heckman v. Williamson Cty., 369 S.W.3d 137, 162 (Tex. 2012) ("A case becomes moot if, since the time of filing, there has ceased to exist a justiciable controversy between the parties—that is, if the issues presented are no longer 'live,' or if the parties lack a legally cognizable interest in the outcome."); In re Kellogg Brown & Root, Inc., 166 S.W.3d 732, 737 (Tex. 2005) (orig. proceeding) (stating that a case becomes moot "if a controversy ceases to exist between the parties at any stage of the legal proceedings"); State Bar of Tex. v. Gomez, 891 S.W.2d 243, 245 (Tex. 1994) (stating that, for a controversy to be justiciable, there must be a real controversy between the parties that will be actually resolved by the judicial relief sought); see also In re Smith Cty., 521 S.W.3d 447, 455 (Tex. App.—Tyler 2017, orig. proceeding).
Accordingly, the Court GRANTS the second amended agreed motion to dismiss this original proceeding and DISMISSES the petition for writ of mandamus as moot. See TEX. R. APP. P. 52.8(a).
LETICIA HINOJOSA
Justice Delivered and filed the 12th day of January, 2018.