Tx. Dept. Aging Disab., 13-09-00352-CV

Full title: IN RE TEXAS DEPARTMENT OF AGING AND DISABILITY SERVICES

Court: Court of Appeals of Texas, Thirteenth District, Corpus Christi — Edinburg

Date published: Jul 27, 2009

No. 13-09-00352-CV (Tex. App. Jul. 27, 2009)

Opinion

No. 13-09-00352-CV

Memorandum Opinion delivered and filed July 27, 2009.

On Petition for Writ of Mandamus and Motion for Emergency Relief.

Before Justices RODRIGUEZ, GARZA, and VELA.

MEMORANDUM OPINION

PER CURIAM Memorandum Opinion.[fn1] [fn1] See Tex. R. App. P. 52.8(d) ("When denying relief, the court may hand down an opinion but is not required to do so."); Tex. R. App. P. 47.4 (distinguishing opinions and memorandum opinions).

Relator, Texas Department of Aging and Disability Services, filed a petition for writ of mandamus and motion for emergency relief in the above cause on June 24, 2009. That same day, the Court ordered the real party in interest to file a response to the petition for writ of mandamus and ordered the motion for emergency relief to be carried with the case. The real party in interest has now filed an unopposed motion to dismiss the petition for writ of mandamus. According to the motion to dismiss, the underlying lawsuit against relator has been nonsuited and thus, the original proceeding has been rendered moot.

The Court, having examined and fully considered the unopposed motion to dismiss, is of the opinion that the real party in interest has shown herself entitled to the relief sought. Accordingly, the motion to dismiss is GRANTED and the petition for writ of mandamus and motion for emergency relief are hereby DISMISSED as moot. See Tex. R. App. P. 52.8(a).