In Re Fed Ex Ground Package System, Inc. v. the State of Texas

CourtCourt of Appeals of Texas
DecidedMarch 28, 2023
Docket14-19-00861-CV
StatusPublished

This text of In Re Fed Ex Ground Package System, Inc. v. the State of Texas (In Re Fed Ex Ground Package System, Inc. 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.

Bluebook
In Re Fed Ex Ground Package System, Inc. v. the State of Texas, (Tex. Ct. App. 2023).

Opinion

Petition for Writ of Mandamus Dismissed and Memorandum Opinion filed March 28, 2023.

In The

Fourteenth Court of Appeals

NO. 14-19-00861-CV

IN RE FEDEX GROUND PACKAGE SYSTEM, INC., Relator

ORIGINAL PROCEEDING WRIT OF MANDAMUS 270th District Court Harris County, Texas Trial Court Cause No. 2017-49530

MEMORANDUM OPINION

Relator FedEx Ground Package System, Inc. filed a petition for writ of mandamus in this court. See Tex. Gov’t Code Ann. § 22.221; see also Tex. R. App. P. 52. In the petition, relator asked this court to compel the Honorable Dedra Davis, presiding judge of the 270th District Court of Harris County, to vacate her October 28, 2019 orders denying Fed Ex’s motions to quash subpoenas and for protective orders. On May 28, 2020, we conditionally granted Fed Ex’s petition. Real party in interest Zach Brown sought mandamus relief from our ruling in the Texas Supreme Court. On September 9, 2022, the Supreme Court conditionally granted Brown’s petition in part and directed this court to vacate our order granting relief quashing Brown’s trial subpoena and address whether Rule 176 of the Texas Rules of Civil Procedure applies in this case.

On January 6, 2023, the parties advised this court that they had reached a settlement of all claims and requested that we abate this case for 30 days so that they could finalize the settlement and would file an appropriate motion to dismiss the pending original proceeding. On January 12, 2023, we granted the motion.

Advising the court that they had finalized their settlement, the parties filed a joint motion to dismiss this proceeding on March 22, 2023. Relator’s request for relief is now moot. The motion is GRANTED.

Accordingly, we dismiss relator’s petition for writ of mandamus for lack of jurisdiction.

PER CURIAM

Panel consists of Chief Justice Christopher and Justices Wise and Hassan.

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Bluebook (online)
In Re Fed Ex Ground Package System, Inc. v. the State of Texas, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-fed-ex-ground-package-system-inc-v-the-state-of-texas-texapp-2023.