in Re BASF FINA Petrochemical Limited Partnership, ATOFINA Petrochemicals, Inc., and BASF Corporation ( 2004 )

Opinion issued November 18, 2004

      In The  

Court of Appeals  

For The  

First District of Texas  

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  NO. 01-03-00657-CV

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IN RE BASF FINA PETROCHEMICALS LIMITED PARTNERSHIP,

ATOFINA PETROCHEMICALS, INC., AND

BASF CORPORATION, Relators

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  Original Proceeding on Petition for Writ of Mandamus     

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MEMORANDUM OPINION  

          Relators, BASF FINA Petrochemicals Limited Partnership, ATOFINA Petrochemicals, Inc., and BASF Corporation, who were not parties to the underlying lawsuit, filed a petition for a writ of mandamus challenging a March 28, 2003 order, signed by the Hon. Kathleen Stone, sitting as a visiting judge. In the order, Judge Stone awarded the relators their costs for copying, retrieving, processing, and transporting documents subpoenaed by the real parties in interest, H.B. Zachry Company and Zachry Construction Corporation, but denied the relators’ request for reimbursement of attorneys’ fees incurred in responding to the subpoenas.

          Subsequently, the parties settled their dispute in the underlying lawsuit, and, on June 4, 2003, the trial court signed an order of dismissal that “fully and finally resolv[ed] and release[d]” all pending claims, from which relators have perfected a direct appeal. As we conclude that relators have a remedy by direct appeal, we dismiss the petition for writ of mandamus as moot. See Tex. R. Civ. P. 329b(d).

          All pending motions regarding the parties’ briefing to this Court are granted.

PER CURIAM

Panel consists of Justices Taft, Jennings, and Bland.