in Re Michael Smith, a Burn Victim in Air Liquide Explosion/Fire

Opinion

Motion Granted; Dismissed and Memorandum Opinion filed January 9, 2014.

In The

Fourteenth Court of Appeals

NO. 14-13-00868-CV

IN RE MICHAEL SMITH, A BURN VICTIM IN AIR LIQUIDE EXPLOSION/FIRE

On Appeal from the 165th District Court Harris County, Texas Trial Court Cause No. 2013-36973

MEMORANDUM OPINION Appellants, Air Liquide America Specialty Gases, LLC, and its current and former employees William Morgan, Raymond Rodriguez, Wally Mercado, Donna Ables, Shane DeCoux, and Susan Amodeo-Cathey, filed this appeal from the trial court’s September 19, 2013, order granting Michael Smith’s petition to take pre- suit depositions. See Tex. R. App. P. 202.1 (permitting pre-suit depositions “to perpetuate or obtain the person’s own testimony or that of any other person for use in an anticipated suit” and “to investigate a potential claim or suit”). On December 30, 2013, appellants filed a motion to dismiss the appeal, stating that Michael Smith has now filed suit asserting claims arising out of the incident on which his petition for pre-suit depositions had been based. See Tex. R. App. P. 42.1. Because Smith has filed suit, there is no longer “an anticipated suit” or a “potential claim.” See Tex. R. App. P. 202.1. Accordingly, the sole issue in the appeal has become moot. See Camarena v. Texas Employment Comm’n, 754 S.W.2d 149, 151 (Tex. 1988).

We grant appellants’ motion and order the appeal dismissed.

PER CURIAM

Panel consists of Chief Justice Frost and Justices Jamison and Wise.