In Re Elam Realty, LP JCRB Buckner Realty, LP JCRB Longview Realty, LP Cristino Ruvalcaba, Jr., as Trustee of the Juan Carlos Ruvalcaba Irrevocable Trust Elam Meat Market, LLC Longview Meat Market, LLC Supermercado Latino, LLC v. the State of Texas ( 2023 )

Petition for Writ of Mandamus Dismissed and Memorandum Opinion filed
August 31, 2023.
In The
Fourteenth Court of Appeals
NO. 14-23-00191-CV
IN RE ELAM REALTY, LP; JCRB BUCKNER REALTY, LP; JCRB
LONGVIEW REALTY, LP; CRISTINO RUVALCABA, JR., AS TRUSTEE
OF THE JUAN CARLOS RUVALCABA IRREVOCABLE TRUST; ELAM
MEAT MARKET, LLC; LONGVIEW MEAT MARKET, LLC; AND
SUPERMERCADO LATINO, LLC, Relators
ORIGINAL PROCEEDING
WRIT OF MANDAMUS
507th District Court
Harris County, Texas
Trial Court Cause No. 2021-34821
MEMORANDUM OPINION
On March 22, 2023, relators Elam Realty, LP; JCRB Buckner Realty, LP;
JCRB Longview Realty, LP; Cristino Ruvalcaba, Jr., As Trustee of the Juan Carlos
Ruvalcaba Irrevocable Trust; Elam Meat Market, LLC; Longview Meat Market,
LLC; and Supermercado Latino, LLC 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 Julia Maldonado, presiding
judge of the 507th District Court of Harris County, to set aside her November 28,
2022 order denying their motion to transfer venue.
On April 13, 2023, the parties advised the court that the parties had reached a
tentative settlement. Real party in interest filed an unopposed motion to abate this
proceeding for 120 days pending finalization of the settlement. On April 20, 2023,
we granted the motion and abated this case.
On August 21, 2023, relators advised the court that the parties had settled the
underlying case and they would be filing a motion to dismiss the proceeding. On
August 24, 2023, relators filed a motion to dismiss. Relator’s request for relief is
now moot. The motion is GRANTED. We lift our April 20, 2023 abatement and
reinstate this original proceeding on the court’s docket.
Accordingly, we dismiss relator’s petition for writ of mandamus for lack of
jurisdiction.
PER CURIAM
Panel consists of Justices Bourliot, Hassan, and Poissant.
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