in Re Cherish Arnold

Opinion

DISMISS and Opinion Filed August 14, 2019

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-19-00843-CV

IN RE CHERISH ARNOLD, Individually, and as Next Friend of M.N.A. and M.D.A., Minor Children, and as Next Friend of DANIEL TODD ARNOLD, an Incapacitated Adult, RELATORS

Original Proceeding from the 397th Judicial District Court Grayson County, Texas Trial Court Cause No. CV-18-0116

MEMORANDUM OPINION Before Justices Bridges, Osborne, and Carlyle Opinion by Justice Bridges This case involves product liability claims against Toyota Motor Corporation, Toyota

Motor North America, Inc., and Toyota Motor Engineering & Manufacturing North America, Inc.

after a vehicle accident in which Daniel Todd Arnold and his two minor children sustained injuries.

Relators have filed an amended motion to dismiss their petition for writ of mandamus as moot.

Relators state that they have filed a notice of nonsuit in the underlying proceeding, dismissing all

of their remaining claims against the real parties in interest. A nonsuit renders the merits of the

nonsuited case moot. See Travelers Ins. Co. v. Joachim, 315 S.W.3d 860, 862 (Tex. 2010). Accordingly, we grant relators’ motion and dismiss their petition for writ of mandamus as

moot. See Tex. R. App. P. 42.1(a)(1); In re Solis, No. 05-13-01500-CV, 2013 WL 6096767, at *1

(Tex. App.—Dallas Nov. 19, 2013, orig. proceeding) (mem. op.).

/David L. Bridges/ DAVID L. BRIDGES JUSTICE

190843F.P05

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