in Re State Farm Lloyds and David R. Cabe ( 2015 )

NUMBER 13-15-00314-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
IN RE STATE FARM LLOYDS AND DAVID R. CABE
On Petition for Writ of Mandamus.
MEMORANDUM OPINION
Before Justices Rodriguez, Garza, and Longoria
Per Curiam Memorandum Opinion1
Relators, State Farm Lloyds and David R. Cabe, filed a petition for writ of
mandamus in the above cause on July 10, 2015. Relators have now filed an unopposed
motion to dismiss the petition for writ of mandamus on grounds that the real parties in
interest, Horacio Salinas and Maria Salinas, have nonsuited their claims in the underlying
cause. Relators thus contend that this petition for writ of mandamus has been rendered
moot and request that we dismiss this original proceeding.
The Court, having examined and fully considered the petition for writ of mandamus
1 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).
and the unopposed motion to dismiss, is of the opinion that this matter has been rendered
moot. See In re Kellogg Brown & Root, Inc., 166 S.W.3d 732, 737 (Tex. 2005) (orig.
proceeding) (“A case becomes moot if a controversy ceases to exist between the parties
at any stage of the legal proceedings . . .”); State Bar of Tex. v. Gomez, 891 S.W.2d 243,
245 (Tex. 1994) (stating that, for a controversy to be justiciable, there must be a real
controversy between the parties that will be actually resolved by the judicial relief sought).
Accordingly, the Court GRANTS the unopposed motion to dismiss and DISMISSES the
petition for writ of mandamus as moot. See TEX. R. APP. P. 52.8(a).
PER CURIAM
Delivered and filed the
24th day of July, 2015.
2