In Re Diamond Offshore General, LLC v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: March 14, 2023
• Docket: 01-22-00837-CV
• Status: Published

Opinion

Opinion issued March 14, 2023

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-22-00837-CV ——————————— IN RE DIAMOND OFFSHORE GENERAL, LLC, Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

Relator, Diamond Offshore General, LLC, filed a petition for a writ of

mandamus, challenging the trial court’s October 27, 2022 “Order Denying

Diamond’s Motion to Dismiss Based on Mandatory Forum-Selection Clause or, in

the Alternative, Forum Non Conveniens.”1

1 The underlying case is Grant Gibson v. Diamond Offshore General, LLC, Diamond Offshore Drilling LLC, and Diamond Offshore Drilling, Inc., Cause No. 2022-14588, in the 11th District Court of Harris County, Texas, the Honorable Kristen Brauchle Hawkins presiding. In connection with its mandamus petition, relator also filed an “Opposed

Motion for Immediate Temporary Relief,” seeking emergency temporary relief in

the form of a “stay of the litigation” pending the Court’s resolution of relator’s

petition for writ of mandamus. On December 15, 2022, the Court granted relator’s

motion for temporary relief and stayed all proceedings in the underlying litigation.

We deny relator’s petition for writ of mandamus and lift the stay imposed by

our December 15, 2022 order. Any pending motions are dismissed as moot.

PER CURIAM Panel consists of Justices Landau, Countiss, and Guerra.