In Re John Mathew Rodriguez and J.B. Whitney Financial, LLC v. the State of Texas
This text of In Re John Mathew Rodriguez and J.B. Whitney Financial, LLC v. the State of Texas (In Re John Mathew Rodriguez and J.B. Whitney Financial, LLC 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.
Opinion
In The
Court of Appeals
Ninth District of Texas at Beaumont
__________________
NO. 09-24-00147-CV __________________
IN RE JOHN MATHEW RODRIGUEZ AND J.B. WHITNEY FINANCIAL, LLC
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Original Proceeding 457th District Court of Montgomery County, Texas Trial Cause No. 23-08-11318-CV __________________________________________________________________
MEMORANDUM OPINION
John Mathew Rodriguez and J.B. Whitney Financial, LLC filed a mandamus
petition to compel the trial court to vacate or withdraw its March 6, 2024 order
granting Plaintiff’s First Amended Motion to Place Funds in Registry of Court. We
requested a response from the Real Parties in Interest, MHW Summerwood Trails,
LLC and Summerwood Trails, LP.
In a letter to the Clerk of the Court, Relators have informed the Court that the
trial court has vacated its order of March 6, 2024, that Relators have received the
relief they requested in their mandamus petition, and there is no longer a justiciable
1 controversy between the parties that would be resolved by obtaining a judgment on
their mandamus petition.
Relators request that their mandamus petition be dismissed as moot.
Accordingly, the petition for a writ of mandamus is dismissed without prejudice and
without reference to the merits.
PETITION DISMISSED.
PER CURIAM
Submitted on May 15, 2024 Opinion Delivered May 16, 2024
Before Golemon, C.J., Horton and Wright, JJ.
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