in Re: Eusebio Roberto Morales Carrillo

• Court: Court of Appeals of Texas
• Decided: June 5, 2009
• Docket: 13-09-00306-CV
• Status: Published

Opinion

NUMBER 13-09-00306-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

IN RE: EUSEBIO ROBERTO MORALES CARRILLO

On Petition for Writ of Mandamus and Motion for Emergency Stay

MEMORANDUM OPINION Before Justices Rodriguez, Garza, and Vela Memorandum Opinion1 Per Curiam Relator, Eusebio Roberto Morales Carrillo, filed a petition for writ of mandamus with

this Court in which he alleges that on June 3, 2009, respondent, the Honorable Roberto

“Bobby” Flores, Presiding Judge of the 139th District Court of Hidalgo County, Texas,

abused his discretion by entering an order compelling the deposition of expert Eusebio

Roberto Morales Carrillo at 10:00 a.m. on June 5, 2009 at the Law Offices of Mark A.

Cantu, 1300 N. 10th Street, McAllen, Texas. Relator’s petition for writ of mandamus asks

this Court to order the Respondent to modify the June 3, 2009 order, to provide that the

deposition of relator be taken in Reynosa, Mexico.

1 See T EX . R. A PP . P. 47.4 (distinguishing opinions and m em orandum opinions), 52.8(d) (“W hen denying relief, the court m ay hand down an opinion but is not required to do so.”). In addition, relator has filed a motion for emergency stay asking this Court to order

a stay of the scheduled deposition until further consideration of the original proceeding by

this Court.

This Court subsequently learned that the parties had cancelled the deposition that

is the subject of the complained of order. Accordingly, the order before the court is moot.

The petition for writ of mandamus and motion for emergency stay are hereby

DISMISSED AS MOOT. See TEX . R. APP. P. 52.8(a).

PER CURIAM

Memorandum Opinion delivered and filed on the 5th day of June, 2009.