in Re Great American Insurance Company of New York

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

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NO. 09-20-00215-CV __________________

IN RE GREAT AMERICAN INSURANCE COMPANY OF NEW YORK

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Original Proceeding 284th District Court of Montgomery County, Texas Trial Cause No. 20-02-02039 __________________________________________________________________

MEMORANDUM OPINION

In this original proceeding for a writ of mandamus, Great American Insurance

Company of New York (“Great American”) contends the trial court abused its

discretion by overruling Great American’s assertion of attorney-client privilege

regarding the production of a document that Great American submitted to the trial

court for in camera inspection. In its response to the mandamus petition, Nationwide

Mutual Insurance Company (“Nationwide”), the real party in interest, informs this

Court that the trial court signed a final judgment on October 2, 2020, disposing of

1 all claims and counterclaims in the case, and suggesting the mandamus is moot.

Great American did not respond to Nationwide’s suggestion of mootness.

Generally, the signing of a final judgment moots a mandamus proceeding that

concerns production of evidence in the underlying case. See In re Jennings, No. 10-

17-00247-CV, 2017 WL 4542994, at *1 (Tex. App.—Waco Oct. 11, 2017, orig.

proceeding) (mem. op.) (final judgment mooted trial court’s denial of motion for

genetic testing). Although provided an adequate opportunity to respond, Great

American does not contest Nationwide’s suggestion of mootness. We therefore

dismiss the mandamus proceeding as moot without reference to the merits.

PETITION DISMISSED.

PER CURIAM

Submitted on October 5, 2020 Opinion Delivered December 17, 2020

Before Kreger, Horton and Johnson, JJ.