in Re DM Works, L.L.C. ( 2016 )

Opinion issued December 22, 2016
In The
Court of Appeals
For The
First District of Texas
————————————
NO. 01-16-00757-CV
———————————
IN RE DM WORKS, LLC, Relator
Original Proceeding on Petition for Writ of Mandamus
MEMORANDUM OPINION
Relator, DM Works, LLC, filed a petition for writ of mandamus seeking to
vacate the respondent trial court’s September 20, 2016 order granting the real party
in interest’s motion to compel all documents withheld as privileged involving Maria
Ngo.1 This Court requested and received a response from the real party in interest,
1
The underlying case is Dimensional Machine Works, LLC v. DMW, LLC, Do’s
Vision Investments, LLC, and Do Van Nguyen, Cause No. 2016-47447, pending in
the 151st District Court of Harris County, Texas, the Honorable Mike Engelhart
presiding.
Dimensional Machine Works, LLC (“RPI Dimensional”), which also filed a motion
to dismiss in this Court.
On October 14, 2016, this Court granted relator’s motion to stay the trial
court’s September 20, 2016 order, pending this Court’s disposition of the petition.
See TEX. R. APP. P. 52.10(b). In a subsequent order on November 29, 2016, this
Court granted relator’s new counsel’s motion to stay this Court’s disposition of RPI
Dimensional’s motion to dismiss for ten days to allow new counsel time to confer
with his client regarding the need for proceeding with this petition.
On December 9, 2016, relator filed a “Motion to Dismiss Mandamus” with a
certificate of service on RPI Dimensional’s counsel, but no certificate of conference.
See TEX. R. APP. P. 10.1(a)(5), 10.3(a)(2), 42.1(a)(1). However, given RPI
Dimensional’s motion to dismiss, we conclude that good cause exists to suspend the
operation of Rules 10.1(a)(5) and 10.3(a)(2). See id. 2.
Accordingly, we lift this Court’s October 14 and November 29, 2016 stay
orders, grant relator’s motion, and dismiss this petition. We dismiss RPI
Dimensional’s motion to dismiss as moot.
PER CURIAM
Panel consists of Justices Keyes, Higley, and Lloyd.
2