Summary
dismissing as moot mandamus petition challenging trial court's refusal to rule on motion to continue trial setting where motion to stay trial setting granted by appellate court
Summary of this case from In re Molina Healthcare, Inc.Opinion
NO. 01-18-01028-CV
02-12-2019
IN RE TEXAS CONSTRUCTION SPECIALISTS, L.L.C., Relator
Original Proceeding on Petition for Writ of Mandamus
MEMORANDUM OPINION
Relator, Texas Construction Specialists, L.L.C., has filed a petition for a writ of mandamus challenging "[t]he trial court's refus[al] to hear or rule upon Relator's motions for continuance" of a November 26, 2018 trial setting. With its petition, relator moved for a stay of the trial court proceedings. On November 19, 2018, we granted relator's motion and stayed the underlying trial court proceedings. On January 15, 2019, we vacated that order.
The underlying case is Texas Construction Specialists, L.L.C. v. Supreme Dump Trucks and Trailers of Houston, L.L.C, cause number 16-CV-1259, in the 405th District Court of Galveston County, Texas. The petition names the Honorable Michelle Slaughter as respondent in this original proceeding. See TEX. R. APP. P. 52.2. Judge Slaughter has ceased to be the presiding judge of the 405th District Court. Because relator's petition has become moot, in the interest of judicial economy and for good cause, we suspend the application of Texas Rule of Appellate Procedure 7.2(b) to the extent abatement of this case may be mandatory. See TEX. R. APP. P. 2, 7.2(b).
Also, on January 15, 2019, the Clerk of this Court notified the parties that, because the trial setting had effectively been continued and the proceeding appeared moot, the Court may dismiss the petition unless the parties filed a response demonstrating that the Court has jurisdiction over the proceeding. Cf. TEX. R. APP. P. 42.3. No party has responded. Further, we conclude that any challenge to the trial court's refusal to consider relator's motions for a continuance of the November 26, 2018 trial setting has become moot. See 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 . . . ."); In re S. Nurseries, Inc., No. 13-09-00661-CV, 2009 WL 4893195, at *1 (Tex. App.—Corpus Christi-Edinburg Dec. 17, 2009, orig. proceeding) (mem. op.), (dismissing as moot mandamus petition challenging trial court's refusal to abate trial after trial court granted continuance).
Accordingly, we dismiss the petition for writ of mandamus as moot.
PER CURIAM Panel consists of Chief Justice Radack and Justices Goodman and Countiss.