in Re Southern Vanguard Insurance Company ( 2014 )

NUMBERS
13-14-00279-CV
13-14-00281-CV
13-14-00282-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
IN RE SOUTHERN VANGUARD INSURANCE COMPANY
On Petition for Writ of Mandamus.
MEMORANDUM OPINION
Before Chief Justice Valdez and Justices Rodriguez and Longoria
Per Curiam Memorandum Opinion1
Relator, Southern Vanguard Insurance Company, filed petitions for writs of
mandamus in the above causes on May 15, 2014. These original proceedings arise from
cases that have been consolidated for pretrial proceedings pursuant to Texas Rule of
Judicial Administration 13, and concern claims made against relator under homeowner’s
and commercial insurance policies following two hailstorms that struck Hidalgo County in
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).
2012. This Court consolidated these original proceedings and requested that the real
parties in interest file responses to the petitions. The relator has now filed unopposed
motions to dismiss these original proceedings on grounds that the trial court has vacated
the orders subject to review in these cases.
The Court, having examined and fully considered the petitions for writ of
mandamus and the motions to dismiss, is of the opinion that these original proceedings
have been rendered moot. See In re Kellogg Brown & Root, Inc., 166 S.W.3d 732, 737
(Tex. 2005) (“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 there must be a real controversy between the parties that
will be actually resolved by the judicial relief sought for a controversy to be justiciable).
Accordingly, the Court GRANTS the unopposed motions to dismiss in these causes and
DISMISSES these petitions for writs of mandamus as moot. See TEX. R. APP. P. 52.8(a).
These dismissals are without prejudice to refiling if necessary. Pending motions, if any,
are likewise DISMISSED as moot..
PER CURIAM
Delivered and filed the
25th day of August, 2014.
2