In Re Darsa Miller and Healing Path Acupuncture & Massage Therapy v. the State of Texas
This text of In Re Darsa Miller and Healing Path Acupuncture & Massage Therapy v. the State of Texas (In Re Darsa Miller and Healing Path Acupuncture & Massage Therapy v. the State of Texas) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Opinion issued July 9, 2024
In The
Court of Appeals For The
First District of Texas ———————————— NO. 01-24-00484-CV ——————————— IN RE DARSA MILLER AND HEALING PATH ACUPUNCTURE & MASSAGE THERAPY, Relators
Original Proceeding on Petition for Writ of Mandamus
MEMORANDUM OPINION
On June 27, 2024, relators Darsa Miller and Healing Path Acupuncture &
Massage Therapy filed a petition for writ of mandamus challenging the trial court’s
June 12, 2024 order in connection with relators’ “Supplemental Motion to Compel
[Texas Rule of Civil Procedure] 204 Physical Examination of [Real Party in Interest] Jennifer White.”1 Relators also filed an “Emergency Motion for Temporary Relief,”
requesting that the Court stay enforcement of the trial court’s June 12, 2024 order
pending the Court’s disposition of the petition for writ of mandamus.
However, on June 28, 2024, relators filed an “Unopposed Motion to Dismiss”
their petition for writ of mandamus. In the motion, relators stated that the parties
had “resolved the issue that [was] the subject” of the mandamus petition, thereby
rendering relators’ mandamus petition and request for emergency relief moot.
Accordingly, relators requested that the Court dismiss their petition for writ of
mandamus.
Relators’ motion includes a certificate of conference stating that real party in
interest is unopposed to the relief requested in relators’ motion to dismiss. See TEX.
R. APP. P. 10.1(a)(5), 10.3(a)(2).
Accordingly, we grant relators’ motion and dismiss the petition for writ of
mandamus. We further deny as moot relators’ “Emergency Motion for Temporary
Relief,” and dismiss any other pending motions as moot.
PER CURIAM
Panel consists of Justices Hightower, Rivas-Molloy, and Farris.
1 The underlying case is Jennifer White v. Darsa Miller and Healing Path Acupuncture & Massage Therapy, Cause No. 23-DCV-302411, in the 458th District Court of Fort Bend County, Texas, the Honorable Chad Bridges presiding.
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