in Re Public Utility Commission of Texas Peter Lake, Chariman Will McAdams, Commissioner Lori Cobos, Commissioner And Jimmy Glotfelty, Commissioner, Each in His or Her Official Capacity at the Public Utility Commission of Texas ( 2022 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-22-00419-CV
In re Public Utility Commission of Texas; Peter Lake, Chariman; Will McAdams,
Commissioner; Lori Cobos, Commissioner; and Jimmy Glotfelty, Commissioner,
Each in His or Her Official Capacity at the Public Utility Commission of Texas
ORIGINAL PROCEEDING FROM TRAVIS COUNTY
MEMORANDUM OPINION
Relators have filed a petition for writ of mandamus complaining of the trial
court’s communication to the parties that it intends to hold a hearing on the motion of real
party in interest, AMA Communications, LLC d/b/a AMA TechTel Communications, to enforce
the trial court’s temporary injunction. Relators contend that if the trial court proceeds with a
hearing, it will violate the automatic stay of trial-court proceedings while an appeal in the
underlying proceeding is pending. See Tex. Civ. Prac. & Rem. Code § 51.014(b) (providing that
certain interlocutory appeals stay all proceedings in trial court “pending resolution of the
appeal”). This Court has issued an opinion and mandate in the underlying matter, 03-21-00597-
CV, and therefore the automatic stay in the underlying proceeding has been lifted. See id.
Accordingly, we dismiss the petition for writ of mandamus as 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 . . . .”); see
also Tex. R. App. P. 52.8(a) (“Action on [Original] Petition”). Relators’ motion for emergency
relief is also denied.
__________________________________________
Thomas J. Baker, Justice
Before Justices Goodwin, Baker, and Triana
Filed: October 27, 2022
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