in Re Valero Refining-Texas, L.P. ( 2015 )

Opinion issued November 10, 2015
In The
Court of Appeals
For The
First District of Texas
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NO. 01-15-00566-CV
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IN RE VALERO REFINING—TEXAS, L.P., Relator
Original Proceeding on Petition for Writ of Mandamus
MEMORANDUM OPINION
Relator, Valero Refining—Texas, L.P., filed a petition for writ of mandamus
on June 29, 2015, seeking to compel the trial court to vacate its order reaffirming
the original trial judge’s order granting a new trial in the underlying lawsuit.1 On
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The Honorable Patricia Grady, Judge of the 212th District Court of Galveston
County, Texas, Respondent. The underlying lawsuit is Vernon Fox and Mikki Fox
v. Valero Refining—Texas, L.P., No. 12CV1541 (212th Dist. Ct., Galveston Cnty.,
Tex.).
September 16, 2015, we abated the mandamus proceeding to allow the trial court
the opportunity to provide its reasons for reaffirming the original trial judge’s order
granting a new trial. See, e.g., In re Columbia Med. Ctr. of Las Colinas,
Subsidiary, L.P., 290 S.W.3d 204, 214 (Tex. 2009) (orig. proceeding) (stating that
when successor trial judge enters order reaffirming granting of motion for new
trial, “[t]hat order is effectively an order refusing to enter judgment on the jury
verdict and affects the rights of the parties no less than did the orders of the
original judge”); In re Baylor Med. Ctr. at Garland, 289 S.W.3d 859, 861 (Tex.
2009) (orig. proceeding) (“[T]he trial court abused its discretion by refusing to
enter judgment on the jury verdict and granting a new trial without specifying its
reasons for doing so.”). Relator subsequently informed this Court that the trial
court had reconsidered the new-trial order and had entered an order reinstating the
final take-nothing judgment entered in relator’s favor. Relator filed an unopposed
motion to dismiss its mandamus petition as moot on October 21, 2015.
Accordingly, we reinstate the mandamus proceeding and dismiss the petition
for writ of mandamus as moot.
PER CURIAM
Panel consists of Justices Keyes, Massengale, and Lloyd.
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