Opinion
14-24-00466-CV
07-24-2024
IN RE THE WU FAMILY TRUST, SSS VILLAGE AT SOUTHWEST, LLC, WU PROPERTIES, INC., STEVE WU, SSS FONDREN MARKETPLACE, LLC, CLOTO, LLC, SJY-FORTUNEP, LLC, FONDREN VILLAGE PLAZA, LLC, AND HLPW FONDREN, LLC, Relators
ORIGINAL PROCEEDING WRIT OF MANDAMUS 133rd District Court Harris County, Texas Trial Court Cause No. 2022-60346
Panel consists of Justices Jewell, Zimmerer, and Hassan.
MEMORANDUM OPINION
PER CURIAM.
On June 26, 2024, relators The Wu Family Trust, SSS Village at Southwest, LLC, Wu Properties, Inc., Steve Wu, SSS Fondren Marketplace, LLC, Cloto, LLC, SJY-Fortunep, LLC, Fondren Village Plaza, LLC, and HLPW Fondren, LLC filed a petition for writ of mandamus in this Court. See Tex. Gov't Code Ann. § 22.221; see also Tex. R. App. P. 52. In the petition, relators ask this Court to compel the Honorable Jaclanel McFarland, presiding judge of the 133rd District Court of Harris County, to rule on relators' Rule 91a Motion to Dismiss filed on March 25, 2024. We granted a temporary stay of discovery in the underlying proceeding on June 27, 2024.
On July 23, 2024, counsel for relators advised this Court by letter that respondent ruled on relators' Rule 91a motion to dismiss thereby mooting this original proceeding.
A petition for a writ of mandamus for failure to rule is dismissed as moot when the trial court rules after the petition for writ of mandamus is filed. See In re 4KBC Trucking, LLC, No. 14-23-00675-CV, 2023 WL 7141209, at *1 (Tex. App.-Houston [14th Dist.] Oct. 31, 2023, orig. proceeding). We dismiss relators' petition for writ of mandamus as moot. Our earlier stay order is lifted.