In Re Fed Ex Ground Package System, Inc. v. the State of Texas

Petition for Writ of Mandamus Dismissed and Memorandum Opinion filed
March 28, 2023.
In The
Fourteenth Court of Appeals
NO. 14-19-00861-CV
IN RE FEDEX GROUND PACKAGE SYSTEM, INC., Relator
ORIGINAL PROCEEDING
WRIT OF MANDAMUS
270th District Court
Harris County, Texas
Trial Court Cause No. 2017-49530
MEMORANDUM OPINION
Relator FedEx Ground Package System, Inc. filed a petition for writ of
mandamus in this court. See Tex. Gov’t Code Ann. § 22.221; see also Tex. R. App.
P. 52. In the petition, relator asked this court to compel the Honorable Dedra Davis,
presiding judge of the 270th District Court of Harris County, to vacate her October
28, 2019 orders denying Fed Ex’s motions to quash subpoenas and for protective
orders. On May 28, 2020, we conditionally granted Fed Ex’s petition.
Real party in interest Zach Brown sought mandamus relief from our ruling in
the Texas Supreme Court. On September 9, 2022, the Supreme Court conditionally
granted Brown’s petition in part and directed this court to vacate our order granting
relief quashing Brown’s trial subpoena and address whether Rule 176 of the Texas
Rules of Civil Procedure applies in this case.
On January 6, 2023, the parties advised this court that they had reached a
settlement of all claims and requested that we abate this case for 30 days so that they
could finalize the settlement and would file an appropriate motion to dismiss the
pending original proceeding. On January 12, 2023, we granted the motion.
Advising the court that they had finalized their settlement, the parties filed a
joint motion to dismiss this proceeding on March 22, 2023. Relator’s request for
relief is now moot. The motion is GRANTED.
Accordingly, we dismiss relator’s petition for writ of mandamus for lack of
jurisdiction.
PER CURIAM
Panel consists of Chief Justice Christopher and Justices Wise and Hassan.
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