In Re Jason Joseph Laubenstein v. the State of Texas

Court of Appeals of Texas

In Re Jason Joseph Laubenstein v. the State of Texas

DecidedOctober 4, 2024

Docket14-24-00723-CV

StatusPublished

This text of In Re Jason Joseph Laubenstein v. the State of Texas (In Re Jason Joseph Laubenstein 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 Jason Joseph Laubenstein v. the State of Texas, (Tex. Ct. App. 2024).

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Opinion

Motion to Stay Dismissed; Petition for Writ of Mandamus Dismissed and Memorandum Opinion filed October 4, 2024.

In The

Fourteenth Court of Appeals

NO. 14-24-00723-CV

IN RE JASON JOSEPH LAUBENSTEIN, Relator

ORIGINAL PROCEEDING WRIT OF MANDAMUS 152nd District Court Harris County, Texas Trial Court Cause No. 2020-37737

MEMORANDUM OPINION

On October 2, 2024, relator Jason Joseph Laubenstein filed a petition for writ of mandamus and a motion to stay in this Court. See Tex. Gov’t Code Ann. § 22.221; see also Tex. R. App. P. 52. In the petition, relator asks this Court to compel the Honorable Robert Schaffer, presiding judge of the 152nd District Court of Harris County, to rule on relator’s motion to dismiss for lack of jurisdiction. On October 2, 2024, counsel for relator notified this Court by letter that respondent ruled on the pending motion. According to relator, “[b]ecause the ruling has occurred, it appears that the mandamus petition is now moot.”

A petition for a writ of mandamus for failure to rule is dismissed as moot when the trial court rules after the petition for writ of mandamus is filed. See In re 4KBC Trucking, LLC, No. 14-23-00675-CV, 2023 WL 7141209, at *1 (Tex. App.—Houston [14th Dist.] Oct. 31, 2023, orig. proceeding). We dismiss relator’s petition for writ of mandamus as moot. We also dismiss relator’s motion to stay as moot.

PER CURIAM

Panel consists of Justices Jewell, Bourliot, and Zimmerer.

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Motion to Stay Dismissed; Petition for Writ of Mandamus Dismissed and Memorandum Opinion filed October 4, 2024.

In The

Fourteenth Court of Appeals

NO. 14-24-00723-CV

IN RE JASON JOSEPH LAUBENSTEIN, Relator

ORIGINAL PROCEEDING WRIT OF MANDAMUS 152nd District Court Harris County, Texas Trial Court Cause No. 2020-37737

MEMORANDUM OPINION

On October 2, 2024, relator Jason Joseph Laubenstein filed a petition for writ of mandamus and a motion to stay in this Court. See Tex. Gov’t Code Ann. § 22.221; see also Tex. R. App. P. 52. In the petition, relator asks this Court to compel the Honorable Robert Schaffer, presiding judge of the 152nd District Court of Harris County, to rule on relator’s motion to dismiss for lack of jurisdiction. On October 2, 2024, counsel for relator notified this Court by letter that respondent ruled on the pending motion. According to relator, “[b]ecause the ruling has occurred, it appears that the mandamus petition is now moot.”

A petition for a writ of mandamus for failure to rule is dismissed as moot when the trial court rules after the petition for writ of mandamus is filed. See In re 4KBC Trucking, LLC, No. 14-23-00675-CV, 2023 WL 7141209, at *1 (Tex. App.—Houston [14th Dist.] Oct. 31, 2023, orig. proceeding). We dismiss relator’s petition for writ of mandamus as moot. We also dismiss relator’s motion to stay as moot.

PER CURIAM

Panel consists of Justices Jewell, Bourliot, and Zimmerer.

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Bluebook (online)

In Re Jason Joseph Laubenstein v. the State of Texas, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-jason-joseph-laubenstein-v-the-state-of-texas-texapp-2024.