In Re Colonial Logistics, LLC v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: July 15, 2025
• Docket: 01-25-00044-CV
• Status: Published

Opinion

Opinion issued July 15, 2025

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-25-00044-CV ——————————— IN RE COLONIAL LOGISTICS, LLC, Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

Relator Colonial Logistics, LLC filed a Petition for Writ of Mandamus

challenging the trial court’s order compelling production of certain net worth

discovery.1 The challenged order was signed by the Honorable Mike Engelhart, then

the presiding judge of the 151st District Court of Harris County, Texas. On February

1 The underlying case is Mary J. Duke and Sarah Duke v. Colonial Logistics, LLC and Wilbert R. Edwards, cause number 2021-40863, pending in the 151st District Court of Harris County, Texas, the Honorable Erica Hughes presiding. 11, 2025, this Court abated the original proceeding to allow the Honorable Erica

Hughes, the successor trial judge to reconsider the order challenged in Relator’s

Petition for Writ of Mandamus. See Tex. R. App. P. 7.2(b).

Relator has now filed a Motion to Reinstate and Motion to Dismiss Petition

for Writ of Mandamus for Mootness, stating that “the Petition is now moot based

upon the parties’ now-finalized settlement and the [Real Parties’ in Interest]

subsequent nonsuit[,]” and asking us to reinstate and dismiss this original

proceeding. See TEX. R. APP. P. 52.8(a); see also In re State Farm Mut. Auto. Ins.

Co., No. 01-22-00619-CV, 2023 WL 4239850, at *1 (Tex. App.—Houston [1st

Dist.] June 29, 2023, orig. proceeding) (mem. op.) (granting relator’s request to

dismiss after parties settled their dispute).

We grant Relator’s motion. We reinstate this original proceeding and dismiss

the Petition for Writ of Mandamus. We dismiss any other pending motions as moot.

PER CURIAM

Panel consists of Justices Rivas-Molloy, Guiney, and Morgan.