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In re Turnipseed

Court of Appeals Fifth District of Texas at Dallas
Mar 10, 2021
No. 05-21-00034-CV (Tex. App. Mar. 10, 2021)

Opinion

No. 05-21-00034-CV

03-10-2021

IN RE RODNEY TURNIPSEED AND DALLAS CONTAINER CORPORATION, Relators


Original Proceeding from the 101st Judicial District Court Dallas County, Texas
Trial Court Cause No. DC-20-06444

MEMORANDUM OPINION

Before Justices Myers, Partida-Kipness, and Carlyle
Opinion by Justice Partida-Kipness

In their January 15, 2021 petition for writ of mandamus and motion for stay, relators contend that the trial court should have abated the underlying suit until real party in interest cured the defects in her capacity to bring survival claims. In her response to relators' motion for stay, real party advised us that she has filed an amended petition removing the survival claims from the underlying suit. Accordingly, we asked the parties to file letter briefs addressing whether relators' request for mandamus relief is moot.

In their letter briefs, the parties agree that this original proceeding is moot. Accordingly, we dismiss the petition for writ of mandamus, and deny the stay motion as moot.

/Robbie Partida-Kipness/

ROBBIE PARTIDA-KIPNESS

JUSTICE 210034F.P05


Summaries of

In re Turnipseed

Court of Appeals Fifth District of Texas at Dallas
Mar 10, 2021
No. 05-21-00034-CV (Tex. App. Mar. 10, 2021)
Case details for

In re Turnipseed

Case Details

Full title:IN RE RODNEY TURNIPSEED AND DALLAS CONTAINER CORPORATION, Relators

Court:Court of Appeals Fifth District of Texas at Dallas

Date published: Mar 10, 2021

Citations

No. 05-21-00034-CV (Tex. App. Mar. 10, 2021)