in Re: Sonia Diaz and QBE Americas, Inc.

Dismiss and Opinion Filed June 3, 2022
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-21-01115-CV
IN RE SONIA DIAZ AND QBE AMERICAS, INC., Relators
Original Proceeding from the 101st Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-19-14300
MEMORANDUM OPINION
Before Justices Myers, Partida-Kipness, and Carlyle
Opinion by Justice Myers
Before the Court is relators Sonia Diaz and QBE Insurance Corporation’s
petition for writ of mandamus. In the petition, relators challenge the trial court’s
failure to hold a hearing on their Texas Citizens Participation Act (“TCPA”) motion
to dismiss before the statutory deadline to do so expired.
Entitlement to mandamus relief requires relators to show that the trial court
clearly abused its discretion and that they lack an adequate appellate remedy. In re
Copart, Inc., 619 S.W.3d 710, 713 (Tex. 2021) (orig. proceeding) (citing In re
Prudential Ins. Co., 148 S.W.3d 124, 135–36 (Tex. 2004) (orig. proceeding)).
However, a claim for mandamus relief is moot when the Court can no longer affect
the parties’ rights or interests. See Heckman v. Williamson County, 369 S.W.3d 137,
162 (Tex. 2012).
After reviewing relators’ petition and the mandamus record, we conclude that
the statutory deadline by which the trial court must hold the TCPA hearing had
expired prior to relators filing their petition and the trial court may no longer hold
the hearing. See In re Tabletop Media, LLC, No. 05-20-00454-CV, 2020 WL
2847272, at *2 (Tex. App.—Dallas June 2, 2020, orig. proceeding) (mem. op.) (trial
court not authorized to act outside the deadlines set out in the TCPA). Accordingly,
we dismiss relators’ petition for writ of mandamus as moot. See TEX. R. APP. P.
52.8(a).
/Lana Myers//
211115f.p05 LANA MYERS
JUSTICE