in Re: Louise Davis

Opinion

DISMISS; and Opinion Filed November 30, 2018.

In The Court of Appeals Fifth District of Texas at Dallas No. 05-18-01357-CV

IN RE LOUISE DAVIS, Relator

Original Proceeding from the 298th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-16-13843

MEMORANDUM OPINION Before Justices Bridges, Brown, and Boatright Opinion by Justice Boatright In this original proceeding, relator seeks a writ of mandamus directing the trial court to rule

on relator’s motion for summary judgment and the real party in interest’s motion for summary

judgment. We requested a response and, before the response was due, relator’s counsel notified

the Court that the trial court has now signed a final summary judgment order disposing of the

parties’ pending motions. Because relator has received the relief requested, the issues presented

in this petition are moot. See Dow Chem. Co. v. Garcia, 909 S.W.2d 503, 505 (Tex. 1995) (orig.

proceeding) (mandamus proceeding is moot when the appellate court cannot take any action that

can affect the requested relief). Accordingly, we dismiss relator’s petition for a writ of mandamus as moot.

/Jason Boatright/ JASON BOATRIGHT JUSTICE

181357F.P05

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