In Re 4KBC Trucking, LLC v. the State of Texas

Court of Appeals of Texas

In Re 4KBC Trucking, LLC v. the State of Texas

DecidedOctober 31, 2023

Docket14-23-00675-CV

StatusPublished

This text of In Re 4KBC Trucking, LLC v. the State of Texas (In Re 4KBC Trucking, LLC v. the State of Texas) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In Re 4KBC Trucking, LLC v. the State of Texas, (Tex. Ct. App. 2023).

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Opinion

Petition for Writ of Mandamus; Dismissed and Opinion filed October 31, 2023.

In The

Fourteenth Court of Appeals

NO. 14-23-00675-CV

IN RE 4KBC TRUCKING, LLC, Relator

ORIGINAL PROCEEDING WRIT OF MANDAMUS 165th District Court Harris County, Texas Trial Court Cause No. 2021-55512

MEMORANDUM OPINION

On Thursday, September 14, 2023, relator 4KBC Trucking, LLC 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 asks this court to compel the Honorable Ursula A. Hall, presiding judge of the 165th District Court of Harris County, to rule on its motion to transfer venue. Relator 4KBC Trucking filed a petition for a writ of mandamus on September 14, 2023, asking this court to compel the trial court to rule on a pending motion to transfer venue. On October 14, 2023, the Honorable Ursula Hall ruled on the motion after the petition was filed.

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 Fiesta Mart, L.L.C., No. 14-18-00180-CV, 2018 WL 1476261, at *1 ((Tex. App.— Houston [14th Dist.] Mar. 27, 2018, orig. proceeding.) (Dismissing petition for writ of mandamus as moot when trial court ruled after petition was filed.) Thus, we dismiss the petition as moot. PER CURIAM

Panel consists of Chief Justice Christopher, Justices Bourliot, and Hassan.

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Petition for Writ of Mandamus; Dismissed and Opinion filed October 31, 2023.

In The

Fourteenth Court of Appeals

NO. 14-23-00675-CV

IN RE 4KBC TRUCKING, LLC, Relator

ORIGINAL PROCEEDING WRIT OF MANDAMUS 165th District Court Harris County, Texas Trial Court Cause No. 2021-55512

MEMORANDUM OPINION

On Thursday, September 14, 2023, relator 4KBC Trucking, LLC 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 asks this court to compel the Honorable Ursula A. Hall, presiding judge of the 165th District Court of Harris County, to rule on its motion to transfer venue. Relator 4KBC Trucking filed a petition for a writ of mandamus on September 14, 2023, asking this court to compel the trial court to rule on a pending motion to transfer venue. On October 14, 2023, the Honorable Ursula Hall ruled on the motion after the petition was filed.

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 Fiesta Mart, L.L.C., No. 14-18-00180-CV, 2018 WL 1476261, at *1 ((Tex. App.— Houston [14th Dist.] Mar. 27, 2018, orig. proceeding.) (Dismissing petition for writ of mandamus as moot when trial court ruled after petition was filed.) Thus, we dismiss the petition as moot. PER CURIAM

Panel consists of Chief Justice Christopher, Justices Bourliot, and Hassan.

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In Re 4KBC Trucking, LLC v. the State of Texas, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-4kbc-trucking-llc-v-the-state-of-texas-texapp-2023.