in Re Robert Primo ( 2013 )

Petition for Writ of Mandamus Dismissed and Memorandum Opinion filed
June 25, 2013.
In The
Fourteenth Court of Appeals
NO. 14-13-00495-CV
IN RE ROBERT PRIMO, Relator
ORIGINAL PROCEEDING
WRIT OF MANDAMUS
133rd District Court
Harris County, Texas
Trial Court Cause No. 2012-68391
MEMORANDUM OPINION
On June 10, 2013, relator filed a petition for writ of mandamus in this Court.
See Tex. Gov’t Code Ann. §22.221 (Vernon 2004); see also Tex. R. App. P. 52. In
the petition, relator asks this Court to compel the Honorable Jaclanel McFarland,
presiding judge of the 133rd District Court of Harris County to vacate two orders.
The first order, signed May 22, 2013, granted the motion for “death penalty”
sanctions filed by real party in interest, Scott Rothenberg. The second order, signed
May 13, 2013, granted Rothenberg’s motion for no-evidence partial summary
judgment. On June 12, 2013, relator filed a first amended petition for writ of
mandamus containing a corrected verification. On June 19, 2013, relator filed a
second amended petition for writ of mandamus.
The petition filed on June 19, 2013, complains of the same two orders as
well as three additional orders. It was therefore filed in this court as 14-13-00532-
CV and renders the petitions filed in 14-13-00495-CV moot. Accordingly, the
petition for writ of mandamus filed June 10, 2013 and the first amended petition
filed June 12, 2013, are ordered dismissed as moot.1
PER CURIAM
Panel consists of Justices Boyce, Jamison, and Busby.
1
The record in 14-13-00495-CV has been transferred to 14-13-00532-CV.
2