In Re Jason Joseph Laubenstein v. the State of Texas ( 2024 )


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  • Motion to Stay Dismissed; Petition for Writ of Mandamus Dismissed and
    Memorandum Opinion filed October 4, 2024.
    In The
    Fourteenth Court of Appeals
    NO. 14-24-00723-CV
    IN RE JASON JOSEPH LAUBENSTEIN, Relator
    ORIGINAL PROCEEDING
    WRIT OF MANDAMUS
    152nd District Court
    Harris County, Texas
    Trial Court Cause No. 2020-37737
    MEMORANDUM OPINION
    On October 2, 2024, relator Jason Joseph Laubenstein filed a petition for
    writ of mandamus and a motion to stay 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 Robert Schaffer, presiding judge of the 152nd District Court
    of Harris County, to rule on relator’s motion to dismiss for lack of jurisdiction.
    On October 2, 2024, counsel for relator notified this Court by letter that
    respondent ruled on the pending motion. According to relator, “[b]ecause the
    ruling has occurred, it appears that the mandamus petition is now moot.”
    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). We dismiss relator’s
    petition for writ of mandamus as moot. We also dismiss relator’s motion to stay as
    moot.
    PER CURIAM
    Panel consists of Justices Jewell, Bourliot, and Zimmerer.
    2
    

Document Info

Docket Number: 14-24-00723-CV

Filed Date: 10/4/2024

Precedential Status: Precedential

Modified Date: 10/6/2024