In Re Aida Tipton v. the State of Texas

Court of Appeals of Texas

In Re Aida Tipton v. the State of Texas

DecidedOctober 3, 2024

Docket14-24-00654-CV

StatusPublished

This text of In Re Aida Tipton v. the State of Texas (In Re Aida Tipton 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 Aida Tipton v. the State of Texas, (Tex. Ct. App. 2024).

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Opinion

Motion Granted; Petition for Writ of Mandamus Dismissed and Memorandum Opinion filed October 3, 2024.

In The

Fourteenth Court of Appeals

NO. 14-24-00654-CV

IN RE AIDA TIPTON, Relator

ORIGINAL PROCEEDING WRIT OF MANDAMUS Probate Court No. 2 Harris County, Texas Trial Court Cause No. 518,963

MEMORANDUM OPINION

On September 5, 2024, relator Aida Tipton 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 Pamela Medina, presiding judge of the Probate Court No. 2 of Harris County, to vacate the trial court’s August 16, 2024, order granting amended Rule 202 petition for deposition to investigate for potential claims. On September 20, 2024, real party in interest Vickie Dempsey, individually and as executor of the estate of Michael Tipton, deceased (“RPI”), filed a motion to dismiss, arguing the petition for writ of mandamus is moot because RPI filed a dismissal of the Rule 202 petition in the trial court.

Because the record reflects that on September 17, 2024, RPI filed in the trial court a dismissal of RPI’s Rule 202 petition, we grant RPI’s motion to dismiss relator’s petition for writ of mandamus as moot. Accordingly, we dismiss relator’s petition for writ of mandamus.

PER CURIAM

Panel consists of Justices Jewell, Bourliot, and Zimmerer.

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Motion Granted; Petition for Writ of Mandamus Dismissed and Memorandum Opinion filed October 3, 2024.

In The

Fourteenth Court of Appeals

NO. 14-24-00654-CV

IN RE AIDA TIPTON, Relator

ORIGINAL PROCEEDING WRIT OF MANDAMUS Probate Court No. 2 Harris County, Texas Trial Court Cause No. 518,963

MEMORANDUM OPINION

On September 5, 2024, relator Aida Tipton 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 Pamela Medina, presiding judge of the Probate Court No. 2 of Harris County, to vacate the trial court’s August 16, 2024, order granting amended Rule 202 petition for deposition to investigate for potential claims. On September 20, 2024, real party in interest Vickie Dempsey, individually and as executor of the estate of Michael Tipton, deceased (“RPI”), filed a motion to dismiss, arguing the petition for writ of mandamus is moot because RPI filed a dismissal of the Rule 202 petition in the trial court.

Because the record reflects that on September 17, 2024, RPI filed in the trial court a dismissal of RPI’s Rule 202 petition, we grant RPI’s motion to dismiss relator’s petition for writ of mandamus as moot. Accordingly, we dismiss relator’s petition for writ of mandamus.

PER CURIAM

Panel consists of Justices Jewell, Bourliot, and Zimmerer.

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Bluebook (online)

In Re Aida Tipton v. the State of Texas, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-aida-tipton-v-the-state-of-texas-texapp-2024.