In Re Fox Corporate Housing, LLC D/B/A Fox Insurance Housing v. the State of Texas ( 2024 )

Petition for Writ of Mandamus Dismissed and Opinion filed April 11, 2024.
In The
Fourteenth Court of Appeals
NO. 14-24-00225-CV
IN RE FOX CORPORATE HOUSING, LLC D/B/A FOX INSURANCE
HOUSING, Relator
ORIGINAL PROCEEDING
WRIT OF MANDAMUS
165th District Court
Harris County, Texas
Trial Court Cause No. 2021-47448
MEMORANDUM OPINION
On Thursday, March 28, 2024, relator Fox Corporate Housing, LLC d/b/a
Fox Insurance Housing filed a petition for writ of mandamus in this court. See
Tex. Gov’t Code Ann. § 22.221; see also Tex. R. App. P. 52. In the petition,
relator asks this court to compel the Honorable Ursula Hall, presiding judge of the
165th District Court of Harris County, to rule on relator’s “Motion to Designate
Penske Truck Leasing Co., L.P. as Responsible Third Party.” The court requested
the real party in interest to file a response to relator’s petition by April 4, 2024. On
April 3, 2024, the trial court provided our court a copy of the “Order Granting
Defendant Leave to Designate Responsible Third Party Penske Truck Leasing Co.,
L.P.”
A petition for a writ of mandamus for failure to rule is dismissed as moot
when the trial court rules after the petition for writ of mandamus is filed. See In re
4KBC Trucking, LLC, No. 14-23-00675-CV, 2023 WL 7141209, at *1 (Tex.
App.—Houston [14th Dist.] Oct. 31, 2023, orig. proceeding); In re Mem'l
Hermann Health Sys., No. 14-24-00138-CV, 2024 WL 859381, at *1 (Tex. App.—
Houston [14th Dist.] Feb. 29, 2024, orig. proceeding).
Because respondent ruled on the relator’s motion after relator filed its
petition for writ of mandamus, relator received the relief requested. Thus, this
mandamus is now moot. As such, we dismiss relator's petition for writ of
mandamus as moot.
PER CURIAM
Panel consists of Chief Justice Christopher, Justices Zimmerer and Wilson.
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