in Re Adolfo De La Garza

NUMBER 13-14-00703-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
IN RE ADOLFO DE LA GARZA
On Petition for Writ of Mandamus.
MEMORANDUM OPINION
Before Chief Justice Valdez and Justices Rodriguez and Garza
Per Curiam Memorandum Opinion1
Relator, Adolfo De La Garza, filed a petition for writ of mandamus seeking to
quash a pre-suit deposition sought by the real parties in interest, Hugo Lizcano and Lidia
Lizcano. See TEX. R. CIV. P. 202. This Court granted relator’s motion for emergency
relief, ordered a stay of the underlying proceedings, and requested that the real parties
in interest file a response to the petition for writ of mandamus. This Court
1 See TEX. R. APP. P. 52.8(d) (AWhen denying relief, the court may hand down an opinion but is
not required to do so.@); TEX. R. APP. P. 47.4 (distinguishing opinions and memorandum opinions).
subsequently granted the parties’ “Joint Motion to Abate Mandamus Proceeding” to
allow the real parties in interest to file a motion with the trial court to dismiss the
underlying case. Relator has now filed a “Status Report and Unopposed Motion to
Dismiss.” According to this pleading, relator seeks to dismiss this original proceeding
on grounds that the trial court has dismissed the underlying trial court matters and
relator no longer desires to prosecute this petition for writ of mandamus.
The Court, having examined and fully considered the unopposed motion to
dismiss, is of the opinion that it should be granted. Accordingly, we REINSTATE this
original proceeding. We LIFT the stay previously imposed in this case. We GRANT
the motion to dismiss this original proceeding. See In re Kellogg Brown & Root, Inc.,
166 S.W.3d 732, 737 (Tex. 2005) (orig. proceeding) (“A case becomes moot if a
controversy ceases to exist between the parties at any stage of the legal proceedings.”);
State Bar of Tex. v. Gomez, 891 S.W.2d 243, 245 (Tex. 1994) (stating that, for a
controversy to be justiciable, there must be a real controversy between the parties that
will be actually resolved by the judicial relief sought). We DISMISS this original
proceeding as moot. The parties to this original proceeding will each bear their own
costs. All pending motions are DISMISSED as moot.
PER CURIAM
Delivered and filed the 28th
day of January, 2015.
2