in Re: City of Dallas

Opinion

DISMISS and Opinion Filed September 12, 2022

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-22-00466-CV

IN RE CITY OF DALLAS, Relator

Original Proceeding from the 14th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-22-01696

MEMORANDUM OPINION Before Justices Schenck, Carlyle, and Goldstein Opinion by Justice Schenck In this original proceeding, relator seeks mandamus relief from the trial

court’s Rule 202 order authorizing the pre-suit deposition of the Dallas Police

Department’s official representative. Because we questioned whether real party in

interest’s filing of a federal suit has rendered the underlying Rule 202 proceeding

moot, we directed the parties to file letter briefs addressing our concern.

After reviewing the letter briefs, the petition, and the record, we conclude that

the underlying Rule 202 proceeding is moot. See In re Overhead Garage Door, LLC,

No. 07-18-00015-CV, 2018 WL 934814, at *2 (Tex. App.—Amarillo Feb. 16, 2018,

orig. proceeding) (mem. op.) (explaining that the filing of a suit encompassing same

litigants and factual disputes dispenses with need for invoking Rule 202); Tex. Lottery Comm’n v. Willis, No. 03-10-00330-CV, 2011 WL 2651132, at *1 (Tex.

App.—Austin July 6, 2011, no pet.) (per curiam) (mem. op.) (summarily dismissing

rule 202 appeal as moot because suit was filed). Accordingly, we dismiss this

original proceeding for lack of jurisdiction.

/David J. Schenck/ DAVID J. SCHENCK JUSTICE

220466F.P05

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