in Re Ace Tansportation, Inc.

• Court: Court of Appeals of Texas
• Decided: February 12, 2009
• Docket: 14-08-01152-CV
• Status: Published

Opinion

Petition for Writ of Mandamus Dismissed and Memorandum Opinion filed February 12, 2009

Petition for Writ of Mandamus Dismissed and Memorandum Opinion filed February 12, 2009.

In The

Fourteenth Court of Appeals

____________

NO. 14-08-01152-CV

IN RE ACE TRANSPORTATION, INC., Relator

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

M E M O R A N D U M   O P I N I O N

On December 23, 2008, Relator, Ace Transportation, Inc., filed a petition for writ of mandamus in this Court.  See Tex. Gov=t Code Ann '22.221 (Vernon 2004); see  also  Tex. R. App. P. 52.1.  Relator asked this Court to order the Honorable Mark Davidson, Judge, 11th District Court, Harris County, Texas, to set aside portions of his order dated December 22, 2008, entered in trial court cause number 2008-11970, styled Juan Andres Mendez, et al. v. Ace Transportation, Inc., et al.  Relator claims the trial court abused its discretion in ordering production of documents in response to what it claims are facially overbroad discovery requests.  Relator also filed a motion for emergency relief seeking a temporary stay.  On December 23, 2008, this Court issued an order staying the December 22, 2008 order until further order of this Court. 

Because the respondent ceased to hold the office of Judge of the 11th District Court, Harris County, Texas, after the institution of this action, we abated this mandamus proceeding to permit the respondent=s successor, the Honorable Mike Miller, to reconsider the decision regarding relator=s request for relief.  See Tex. R. App. P. 7.2(b).  On February 6, 2009, the trial court furnished a copy of its Agreed Order on Plaintiffs= Motion to Compel Discovery signed February 5, 2009, which modified the court=s previous orders of December 22, 2008, and December 31, 2008, and vacated all portions of these orders concerning the imposition of sanctions.  Therefore, we REINSTATE this proceeding.

The present petition for writ of mandamus has been rendered moot by the February 5, 2009, order.  The stay order of the December 22, 2008 order below is DISSOLVED.  If any party intends to seek mandamus relief from the trial court=s modified February 5, 2009, order, a new petition for writ of mandamus is required. 

Accordingly, the petition for writ of mandamus is ordered DISMISSED AS MOOT.

PER CURIAM

Panel consists of Justices Frost, Brown and Boyce.