In Re Jeanette Daidone and William Eldon Flores v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: March 21, 2024
• Docket: 13-24-00154-CV
• Status: Published

Opinion

NUMBER 13-24-00154-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI – EDINBURG

IN RE JEANETTE DAIDONE AND WILLIAM ELDON FLORES

ON PETITION FOR WRIT OF MANDAMUS

MEMORANDUM OPINION

Before Chief Justice Contreras and Justices Longoria and Peña Memorandum Opinion by Justice Peña1

Relators Jeanette Daidone and William Eldon Flores filed a petition for writ of

mandamus asserting that the trial court abused its discretion by transferring venue of the

underlying case from Nueces County, Texas, to a state court located in Houston, Texas.

However, relators have now filed an unopposed motion to dismiss this original proceeding

1 See TEX. R. APP. P. 52.8(d) (“When denying relief, the court may hand down an opinion but is not

required to do so. When granting relief, the court must hand down an opinion as in any other case.”); id. R. 47.4 (distinguishing opinions and memorandum opinions). because the trial court has rescinded its order transferring the case. Relators thus assert

that their petition for writ of mandamus is moot.

The Court, having examined and fully considered the petition for writ of mandamus

and the unopposed motion to dismiss, is of the opinion that relators’ request for

mandamus relief is moot. See In re Cont. Freighters, Inc., 646 S.W.3d 810, 813 (Tex.

2022) (orig. proceeding) (per curiam); Heckman v. Williamson County, 369 S.W.3d 137,

162 (Tex. 2012); In re Kellogg Brown & Root, Inc., 166 S.W.3d 732, 737 (Tex. 2005) (orig.

proceeding). Accordingly, we grant relators’ unopposed motion to dismiss, and we

dismiss this original proceeding as moot.

L. ARON PEÑA JR. Justice

Delivered and filed on the 21st day of March, 2024.