Summary
dismissing the Rule 202 action as moot because "Willis has since filed suit against persons and entities he named in the rule 202 petition"
Summary of this case from In re Overhead Garage Door, LLCOpinion
No. 03-10-00330-CV
Filed: July 6, 2011.
Appealed from the District Court of Travis County, 419th Judicial District, No. D-1-GN-09-004013, Honorable Suzanne Covington, Judge Presiding.
Dismissed as Moot.
Before Justices HENSON, ROSE and GOODWIN.
MEMORANDUM OPINION
The Texas Lottery Commission brought this interlocutory appeal from the trial court's denial of its plea to the jurisdiction regarding Willis Willis's petition to take presuit depositions. See Tex. R. Civ. P. 202. Willis has since filed suit against persons and entities he named in the rule 202 petition. See Willis v. Texas Lottery Comm'n, No. D-1-GN-11-001604 (98th Dist. Ct., Travis County, Tex. May 27, 2011) (plaintiff's original petition in case on the merits). The Commission has filed notice asserting that Willis's filing of the suit renders moot its appeal in the proceeding regarding presuit depositions. We dismiss this appeal as moot. Tex. R. App. P. 43.2(f); see Merrill Lynch Pierce, Fenner Smith, Inc. v. Hughes, 827 S.W.2d 859, 859 (Tex. 1992).