in Re Knight Transportation

• Court: Court of Appeals of Texas
• Decided: January 19, 2023
• Docket: 01-22-00691-CV
• Status: Published

Opinion

Opinion issued January 19, 2023

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-22-00691-CV ——————————— IN RE KNIGHT TRANSPORTATION, INC., KNIGHT REFRIGERATED LLC, AND GANIFO SOUMAORO, RELATORS

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

Relators, Knight Transportation, Inc., Knight Refrigerated LLC, and Ganifo

Soumaoro, filed a petition for writ of mandamus challenging the trial court’s order

denying their amended verified motion to dismiss for forum non conveniens.1 On

1 The underlying case is Mark Morgan, Individually, Mark Morgan as the Personal Representative of the Estate of Denise Phillips, and Robert Morgan v. Ganifo Soumaoro, Knight Transportation, Inc., and Knight Refrigerated LLC, Cause No. January 6, 2023, relators filed a notice of settlement and request to dismiss their

petition for writ of mandamus asserting that the parties have resolved their dispute.

We interpret relators’ notice as a motion to dismiss. Although relators failed to

include a certificate of conference with their motion, relators’ motion includes a

certificate of service, more than ten days have passed since the motion was filed,

and no party has responded to the motion. See TEX. R. APP. P. 10.1(a)(5), 10.3(a).

Accordingly, we grant relators’ motion and dismiss the petition for writ of

mandamus as moot. See In re Kellogg Brown & Root, Inc., 166 S.W.3d 732, 737

(Tex. 2005) (orig. proceeding) (“A case becomes moot if a controversy ceases to

exist between the parties at any stage of the legal proceedings.”). We withdraw

our stay order issued September 27, 2022. We dismiss any other pending motions

as moot.

PER CURIAM Panel consists of Chief Justice Adams and Justices Countiss and Rivas-Molloy.

2021-63901, pending in the 270th District Court of Harris County, Texas, the Honorable Dedra Davis presiding.