In Re Grade a Realty LLC v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: May 6, 2025
• Docket: 01-24-00974-CV
• Status: Published

Opinion

Opinion issued May 6, 2025

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-24-00974-CV ——————————— IN RE GRADE A REALTY LLC, Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

Relator Grade A Realty LLC filed a petition for writ of mandamus

complaining of the trial court’s December 10, 2024 order denying Grade A’s motion

to designate a property management company as a responsible third party.1 Because

the trial court judge who denied Grade A’s motion was succeeded by a new judge

1 The underlying case is Melonye Ballard v. Sitemag Residential III LP and Grade A Realty LLC, cause number 2023-80112, pending in the 215th District Court of Harris County, Texas, the Honorable Nathan J. Milliron presiding. on January 1, 2025, the Court issued an order abating the proceeding and remanding

to the successor judge to reconsider the prior judge’s ruling. See TEX. R. APP. P.

7.2(b). On February 12, 2025, real party in interest Melonye Ballard notified the

Court that the trial court had denied reconsideration of the prior judge’s ruling. A

reporter’s record was filed on February 26, 2025 and a supplemental record was filed

on March 7, 2025. On April 1, 2025, the Court reinstated the case on the active

docket.

On April 11, 2025, relator filed a letter advising the Court that the parties had

settled their differences and a motion to dismiss would be filed soon. On April 28,

2025, relator filed an unopposed motion to dismiss this original proceeding. We

grant the motion.

The petition is dismissed. Any pending motions are dismissed as moot.

PER CURIAM Panel consists of Chief Justice Adams and Justices Gunn and Guiney.