in Re State Farm Lloyds, Richard Freymann, Freddie Newton, and Thomas W. Gray ( 2014 )

NUMBER 13-14-00350-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
IN RE STATE FARM LLOYDS, RICHARD FREYMANN, FREDDIE
NEWTON, AND THOMAS W. GRAY
On Petition for Writ of Mandamus.
MEMORANDUM OPINION
Before Chief Justice Valdez and Justices Perkes and Longoria
Memorandum Opinion Per Curiam1
Relators, State Farm Lloyds, Richard Freymann, Freddie Newton, and Thomas W.
Gray, filed a petition for writ of mandamus in the above cause on June 25, 2014.
Relators have now advised the Court that the parties have reached a mutual agreement
to settle and compromise their differences in the underlying lawsuit in trial court cause
number C-2523-14-C in the 139th District Court of Hidalgo County, Texas, styled Leticia
E. Hinojosa and Rene A. Rodriguez v. State Farm Lloyds, Richard Freymann, Freddie
1 See TEX. R. APP. P. 52.8(d) (AWhen 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).
Newton, and Thomas W. Gray. Relators assert that this petition for writ of mandamus is
now moot.
“A case becomes moot if a controversy ceases to exist between the parties at any
stage of the legal proceedings.” In re Kellogg Brown & Root, Inc., 166 S.W.3d 732, 737
(Tex. 2005); see 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,
having examined and fully considered the petition for writ of mandamus, is of the opinion
that this matter has been rendered moot. Accordingly, the Court LIFTS the stay
previously imposed by this Court and DISMISSES the petition for writ of mandamus as
moot without reference to the merits. See TEX. R. APP. P. 52.8(a).
PER CURIAM
Delivered and filed the
16th day of July, 2014
2