in Re City of Aransas Pass ( 2021 )

NUMBER 13-21-00224-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI – EDINBURG
IN RE CITY OF ARANSAS PASS
On Petition for Writ of Mandamus.
MEMORANDUM OPINION
Before Justices Longoria, Hinojosa, and Tijerina
Memorandum Opinion by Justice Tijerina1
By petition for writ of mandamus, relator, the City of Aransas Pass, Texas (the
City), sought to compel the trial court to quash deposition notices directed to Mayor
Ramiro Gomez, Council Members Carrie Scruggs, Jan Moore, and Vickie Abrego, and
former Council Member Billy Ellis. However, the City has now filed an unopposed motion
to dismiss this original proceeding on grounds that the parties have reached an
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,” but “[w]hen granting relief, the court must hand down an opinion as in any other case”);
id. R. 47.4 (distinguishing opinions and memorandum opinions).
agreement concerning the matters in dispute. The City contends that the petition for writ
of mandamus has been rendered moot and it requests that we dismiss this original
proceeding.
The Court, having examined and fully considered the unopposed motion to dismiss
this original proceeding, is of the opinion that it should be granted. See Heckman v.
Williamson County, 369 S.W.3d 137, 162 (Tex. 2012) (“A case becomes moot if, since
the time of filing, there has ceased to exist a justiciable controversy between the parties—
that is, if the issues presented are no longer ‘live,’ or if the parties lack a legally cognizable
interest in the outcome.”); In re Kellogg Brown & Root, Inc., 166 S.W.3d 732, 737 (Tex.
2005) (orig. proceeding) (stating that a case becomes moot “if a controversy ceases to
exist between the parties at any stage of the legal proceedings”); see also In re Smith
County, 521 S.W.3d 447, 455 (Tex. App.—Tyler 2017, orig. proceeding). Accordingly, we
lift the stay previously imposed in this case. See TEX. R. APP. P. 52.10(b) (“Unless vacated
or modified, an order granting temporary relief is effective until the case is finally
decided.”). We grant the unopposed motion to dismiss and we dismiss this original
proceeding as moot.
JAIME TIJERINA
Justice
Delivered and filed on the
11th day of August, 2021.
2