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In re Troy Constr., LLC

Court of Appeals Sixth Appellate District of Texas at Texarkana
Aug 8, 2017
No. 06-17-00079-CV (Tex. App. Aug. 8, 2017)

Opinion

No. 06-17-00079-CV

08-08-2017

IN RE TROY CONSTRUCTION, LLC, AND JOHNATHAN CUNNINGHAM


Original Mandamus Proceeding Before Morriss, C.J., Moseley and Burgess, JJ.
MEMORANDUM OPINION

Relators Troy Construction, LLC, and Johnathan Cunningham filed a petition for a writ of mandamus asking this Court to compel Judge Robert Rolston of the 276th Judicial District Court of Titus County to vacate certain discovery orders.

After the petition was filed, the parties apparently reached a settlement of their disputes. Consequently, the Relators filed a motion to dismiss their mandamus petition.

"In accordance with Rule 52.8 of the Texas Rules of Appellate Procedure, an appellate court must either grant or deny the requested relief." In re Marvin Laverl Edwards, No. 06-12-00015-CV, 2012 WL 390021, at *1 (Tex. App.—Texarkana Feb. 8, 2012, orig. proceeding) (mem. op., not designated for publication). "The Rule does not provide for a dismissal of a petition for writ of mandamus." Id. (citing TEX. R. APP. P. 52.8).

Because the parties to this original proceeding have settled their disputes, this proceeding has become moot.

We deny the petition for writ of mandamus.

Ralph K. Burgess

Justice Date Submitted: August 7, 2017
Date Decided: August 8, 2017


Summaries of

In re Troy Constr., LLC

Court of Appeals Sixth Appellate District of Texas at Texarkana
Aug 8, 2017
No. 06-17-00079-CV (Tex. App. Aug. 8, 2017)
Case details for

In re Troy Constr., LLC

Case Details

Full title:IN RE TROY CONSTRUCTION, LLC, AND JOHNATHAN CUNNINGHAM

Court:Court of Appeals Sixth Appellate District of Texas at Texarkana

Date published: Aug 8, 2017

Citations

No. 06-17-00079-CV (Tex. App. Aug. 8, 2017)