In Re Garda CL Southwest, Inc. v. the State of Texas ( 2024 )

NUMBER 13-24-00314-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI – EDINBURG
IN RE GARDA CL SOUTHWEST, INC.
ON PETITION FOR WRIT OF MANDAMUS
MEMORANDUM OPINION
Before Chief Justice Contreras and Justices Tijerina and Peña
Memorandum Opinion by Justice Peña1
Relator Garda CL Southwest, Inc. filed a petition for writ of mandamus asserting
that the trial court abused its discretion by denying relator’s motion to designate a
responsible third party. See TEX. CIV. PRAC. & REM. CODE ANN. § 33.004. By order
previously issued in this original proceeding, we requested the real party in interest, Juan
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. When granting relief, the court must hand down an opinion as in any other case.”); id. R.
47.1 (“The court of appeals must hand down a written opinion that is as brief as practicable but that
addresses every issue raised and necessary to final disposition of the appeal.”); id. R. 47.4 (explaining the
differences between opinions and memorandum opinions).
Flores, to file a response to the petition for writ of mandamus, and such response has
been duly filed. See TEX. R. APP. P. 52.2, 52.4, 52.8. However, relator has now filed a
motion to withdraw its petition for writ of mandamus on grounds that the underlying lawsuit
settled in mediation on July 17, 2024. Relator asserts that there are no pending matters
before the trial court and, therefore, its petition for mandamus is moot.
The Court, having examined and fully considered the petition for writ of mandamus,
the response, and the motion to dismiss, is of the opinion that this matter should be
dismissed. See In re Cont. Freighters, Inc., 646 S.W.3d 810, 813 (Tex. 2022) (orig.
proceeding) (per curiam); Heckman v. Williamson Cnty., 369 S.W.3d 137, 162 (Tex.
2012); In re Kellogg Brown & Root, Inc., 166 S.W.3d 732, 737 (Tex. 2005) (orig.
proceeding). Accordingly, we grant relator’s motion to dismiss, and we dismiss this
original proceeding as moot.
L. ARON PEÑA JR.
Justice
Delivered and filed on the
19th day of July, 2024.
2