In Re CDM Constructors Inc. and CDM Smith Inc. v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: July 31, 2023
• Docket: 13-23-00233-CV
• Status: Published

Opinion

NUMBER 13-23-00233-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI – EDINBURG

IN RE CDM CONSTRUCTORS INC. AND CDM SMITH INC.

On Petition for Writ of Mandamus.

MEMORANDUM OPINION

Before Chief Justice Contreras and Justices Silva and Peña Memorandum Opinion by Justice Peña1

Relators CDM Constructors Inc. and CDM Smith Inc. filed a petition for writ of

mandamus asserting that the trial court abused its discretion by denying their motion to

dismiss. See TEX. R. CIV. P. 91a. However, relators have now filed an unopposed motion

to withdraw this original proceeding as moot. According to their motion, the real party in

1 See TEX. R. APP. P. 52.8(d) (“When denying relief, the court may hand down an opinion but is not

required to do so. When granting relief, the court must hand down an opinion as in any other case.”); id. R. 47.4 (distinguishing opinions and memorandum opinions). interest, the City of Weslaco, Texas, has nonsuited its claims against relators, and the

nonsuit rendered the petition for writ of mandamus moot. Relators thus request that we

withdraw their original proceeding as moot.

The Court, having examined and fully considered the petition for writ of mandamus

and relators’ unopposed motion to withdraw, is of the opinion that this matter has been

rendered moot. See In re Contract Freighters, Inc., 646 S.W.3d 810, 813 (Tex. 2022)

(orig. proceeding) (per curiam); Heckman v. Williamson County, 369 S.W.3d 137, 162

(Tex. 2012); In re Kellogg Brown & Root, Inc., 166 S.W.3d 732, 737 (Tex. 2005) (orig.

proceeding). Accordingly, we grant relators’ unopposed motion to withdraw, and we

dismiss this petition for writ of mandamus as moot.

L. ARON PEÑA JR. Justice

Delivered and filed on the 31st day of July, 2023.