In Re Axis Energy Marketing, LLC v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: August 22, 2023
• Docket: 01-23-00560-CV
• Status: Published

Opinion

Opinion issued August 22, 2023

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-23-00560-CV ——————————— IN RE AXIS ENERGY MARKETING, LLC, Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

On August 3, 2023, relator Axis Energy Marketing, LLC filed a petition for

writ of mandamus challenging an order signed on August 1, 2023 by the

Honorable Robert Schaffer, who was sitting for the Honorable Beau Miller. In this

order, the motion to expedite discovery filed by real party in interest Apricus

Enterprises, LLC was granted and authorized the deposition of a corporate representative of relator Axis Energy.1 On the same day, Axis Energy filed its

petition and a motion for emergency relief. Real party Apricus Enterprises filed a

response to the motion for emergency relief.

On August 3, 2023, this Court issued an order granting the motion for

emergency relief, staying the challenged August 1, 2023 order to permit the

Honorable Beau Miller to reconsider the order signed by the Honorable Robert

Schaffer. On August 4, 2023, relator Axis Energy filed a motion to dismiss the

original proceeding because the parties had reached an agreement regarding the

expedited discovery order and resolved the issues raised in the petition for writ of

mandamus. The certificate of conference to this motion to dismiss indicates that

real party Apricus Enterprises is unopposed to the motion to dismiss.

Accordingly, we grant the motion and dismiss the petition. The stay of the

trial court’s August 3, 2023 order is lifted. Any other pending motions are

dismissed as moot.

PER CURIAM Panel consists of Chief Justice Adams and Justices Hightower and Countiss.

1 The underlying case is Apricus Enterprises, LLC v. Axis Energy Marketing, LLC, cause number 2023-47355, pending in the 190th District Court of Harris County, Texas, the Honorable Beau Miller presiding. 2