in Re Cherish Arnold ( 2019 )

DISMISS and Opinion Filed August 14, 2019
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-19-00843-CV
IN RE CHERISH ARNOLD, Individually, and as Next Friend of M.N.A.
and M.D.A., Minor Children, and as Next Friend of DANIEL TODD
ARNOLD, an Incapacitated Adult, RELATORS
Original Proceeding from the 397th Judicial District Court
Grayson County, Texas
Trial Court Cause No. CV-18-0116
MEMORANDUM OPINION
Before Justices Bridges, Osborne, and Carlyle
Opinion by Justice Bridges
This case involves product liability claims against Toyota Motor Corporation, Toyota
Motor North America, Inc., and Toyota Motor Engineering & Manufacturing North America, Inc.
after a vehicle accident in which Daniel Todd Arnold and his two minor children sustained injuries.
Relators have filed an amended motion to dismiss their petition for writ of mandamus as moot.
Relators state that they have filed a notice of nonsuit in the underlying proceeding, dismissing all
of their remaining claims against the real parties in interest. A nonsuit renders the merits of the
nonsuited case moot. See Travelers Ins. Co. v. Joachim, 315 S.W.3d 860, 862 (Tex. 2010).
Accordingly, we grant relators’ motion and dismiss their petition for writ of mandamus as
moot. See Tex. R. App. P. 42.1(a)(1); In re Solis, No. 05-13-01500-CV, 2013 WL 6096767, at *1
(Tex. App.—Dallas Nov. 19, 2013, orig. proceeding) (mem. op.).
/David L. Bridges/
DAVID L. BRIDGES
JUSTICE
190843F.P05
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