In Re 987 Investments LLC, Tatonduk Outfitters, Ltd. D/B/A/ Everts Air, Jajwk LP, Shadow Creek Estates Ltd. D/B/A J Alan Kent Development, Julie W. Kent, James a Kent, the Estate of Eli Rohl, and J.J. Reed v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: July 25, 2024
• Docket: 01-24-00267-CV
• Status: Published

Opinion

Opinion issued July 25, 2024

In The Court of Appeals For The

First District of Texas ———————————— NO. 01-24-00267-CV ——————————— IN RE 987 INVESTMENTS LLC, TATONDUK OUTFITTERS, LTD. D/B/A EVERTS AIR, JAJWK LP, SHADOW CREEK ESTATES LTD. D/B/A J ALAN KENT DEVELOPMENT, JULIE W. KENT, JAMES A. KENT, THE ESTATE OF ELI ROHL, AND J.J. REED, Relators

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

Relators, 987 Investments LLC, Tatonduk Outfitters, Ltd., doing business as

Everts Air, Jajwk LP, Shadow Creek Estates Ltd., doing business as J Alan Kent

Development, Julie W. Kent, James A. Kent, the Estate of Eli Rohl, and J.J. Reed,

(collectively, “relators”), have filed a petition for a writ of mandamus, challenging the trial court’s “[o]rder denying [their] motion for independent medical

examinations of” real parties in interest, Jason Berger and Rex Roediger.1

Relators have now filed a Notice of Withdrawal and Voluntary Dismissal of

their petition for writ of mandamus, stating that “the trial court [had] signed [certain]

agreed order[s] as to the [Texas] Rule [of Civil Procedure] 204.1 examination[s] of”

Roediger and Berger.2 Relators assert that “entry of the[] agreed orders renders

[their] [mandamus] [p]etition moot,” and thus, “they [request to] withdraw[] their

[p]etition and agree to its voluntary dismissal.” See 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); see also TEX. R. APP. P. 52.8(a). Relators’ motion does

not include a certificate of conference, but more than ten days have passed since the

motion was filed, and no party has opposed the relief requested in the motion. See

TEX. R. APP. P. 10.1(a)(5), 10.3(a)(2).

Accordingly, we grant the motion and dismiss the petition for writ of

mandamus. We dismiss any other pending motions as moot.

1 The underlying case is Rex Roediger and Jason Berger v. 987 Investments LLC, Tatonduk Outfitters, Ltd. d/b/a/ Everts Air, Jajwk, LP, Shadow Creek Estates, Ltd. doing business as J Alan Kent Development, Julie W. Kent, James A. Kent, Eli Rohl, and J.J. Reed, Cause No. 2022-08921, in the 189th District Court of Harris County, Texas, the Honorable Tamika Craft-Demming presiding. 2 We treat relators’ Notice of Withdrawal and Voluntary Dismissal as a motion to dismiss their petition for writ of mandamus as moot.

2 PER CURIAM

Panel consists of Justices Landau, Countiss, and Guerra.