In Re Gateway Gathering and Marketing Company and Frank Rosenberg v. the State of Texas

• Court: Texas Court of Appeals, 8th District (El Paso)
• Decided: January 12, 2026
• Docket: 08-24-00332-CV
• Status: Published

Opinion

COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS ————————————

No. 08-24-00332-CV ————————————

In Re Gateway Gathering and Marketing Company and Frank Rosenberg

AN ORIGINAL PROCEEDING IN MANDAMUS

M E MO RA N D UM O PI NI O N

Relators, Gateway Gathering and Marketing Company and Frank Rosenberg, filed this

original proceeding to challenge an order compelling discovery responses, and an order denying

reconsideration. Rosehill Operating Company, LLC, is the Real Party in Interest. On September

17, 2024, we issued an order staying the proceedings in the trial court. The parties have now filed

a joint motion based on finalization of a settlement agreement. The motion requests that this Court: a. Lift the stay of the trial court proceeding for the limited purpose of allowing the trial court to rule on [Real Party in Interest’s] motion for leave to file a second amended petition and on any joint motion to dismiss with prejudice that will be filed by the parties; and

b. Dismiss this mandamus proceeding with prejudice to its refiling.

We conclude that the parties’ joint motion demonstrates their controversy over a discovery

order has been resolved by a finalized settlement of the underlying dispute. If a controversy no

longer exists between the parties, the case becomes moot. In re Gray, 578 S.W.3d 212, 213

(Tex. App.—Tyler 2019, no pet.) (mem. op.) (orig. proceeding); see also Williams v. Lara, 52

S.W.3d 171, 184 (Tex. 2001) (providing a controversy no longer exists and a case becomes moot

when “the issues presented are no longer ‘live’ or the parties lack a legally cognizable interest in

the outcome”). When a judgment “cannot have a practical effect on an existing controversy, the

case is moot and any opinion issued on the merits in the appeal would constitute an impermissible

advisory opinion.” In re Gray, 578 S.W.3d at 213. An opinion is advisory when it neither

constitutes specific relief to a litigant nor affects legal relations. See id.

Accordingly, because the parties resolved the dispute presented in this original proceeding,

we grant their joint motion to dismiss, we lift the stay in its entirety, and we dismiss the petition

for writ of mandamus as moot. See id.; see also Tex. R. App. P. 42.1(a).

GINA M. PALAFOX, Justice

January 12, 2026

Before Salas Mendoza, C.J., Palafox and Soto, JJ.