in Re Safeco Insurance Company

Opinion issued July 2, 2019
In The
Court of Appeals
For The
First District of Texas
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NO. 01-19-00063-CV
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IN RE SAFECO INSURANCE COMPANY OF INDIANA, Relator
Original Proceeding on Petition for Writ of Mandamus
MEMORANDUM OPINION
Relator, Safeco Insurance Company of Indiana, filed a petition for a writ of
mandamus seeking to compel the respondent district judge to rule on its two pending
motions to compel appraisal and for summary judgment, and real party in interest
(“RPI”) J. Douglas Sutter’s pending motion for final summary judgment, in the
underlying proceeding.1 This Court requested and received a response.
This Court’s June 14, 2019 Order granted relator’s emergency motion to stay
the underlying trial court proceedings and trial setting, pending disposition of this
petition. See TEX. R. APP. P. 52.10(a). Then on June 27, 2019, RPI Sutter filed a
motion to reconsider lifting this Court’s stay. RPI Sutter contends that the petition
is now moot and the stay should be lifted because the respondent signed three orders
on June 17, 2019, denying relator’s two pending motions and RPI Sutter’s pending
motion, and he attached copies of those orders.
Because the respondent has since ruled on the pending motions challenged by
relator’s petition, this Court no longer has jurisdiction to grant relief because the
petition has been rendered moot. See Tex. A&M Univ.–Kingsville v. Yarbrough, 347
S.W.3d 289, 290–91 (Tex. 2011); In re Jackson, No. 01–12–00020–CV, 2012 WL
405707, at *1 (Tex. App.—Houston [1st Dist.] Feb. 9, 2012, orig. proceeding)
(mem. op.) (dismissing mandamus petition as moot after relator received relief
requested).
Accordingly, we grant RPI’s Sutter’s motion to reconsider lifting the stay, lift
this Court’s stay, and dismiss the petition as moot.
1
The underlying case is J. Douglas Sutter v. Safeco Insurance Company, Cause No.
2017-54046, pending in the 152nd District Court of Harris County, Texas, the
Honorable Robert K. Schaffer presiding.
2
PER CURIAM
Panel consists of Justices Keyes, Kelly, and Goodman.
3