In Re: National Surety Corporation v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: August 31, 2023
• Docket: 05-19-01119-CV
• Status: Published

Opinion

Dismiss and Opinion Filed August 31, 2023

In The Court of Appeals Fifth District of Texas at Dallas No. 05-19-01119-CV

IN RE NATIONAL SURETY CORPORATION, ALLIANZ GLOBAL RISK US INSURANCE COMPANY, AND CENTURY INDEMNITY COMPANY, Relators

Original Proceeding from the 192nd Judicial District Court Dallas County, Texas Trial Court Cause No. DC-18-11896

MEMORANDUM OPINION Before Justices Partida-Kipness, Pedersen, III, and Reichek Opinion by Justice Pedersen, III Relators in this case sought a writ of mandamus compelling the trial court to

grant a stay of proceedings in the lawsuit brought against them in Texas by the Real

Parties in Interest. The order denying that stay was signed on March 27, 2019. This

proceeding was abated for a significant time while the parties participated in a

bankruptcy proceeding in Delaware. The bankruptcy stay has now been lifted.

We ordered counsel for the parties to file a Joint Status Report by August 28,

2023, and they have done so. That report informed us that the underlying trial court

case (case number DC-18-11896) was non-suited by the successor to the Real Party in Interest, and was then dismissed by the trial court. The dismissal of the case below

rendered the trial court’s March 27, 2019 order moot and, in turn, renders this

proceeding moot. See Heckman v. Williamson Cnty., 369 S.W.3d 137, 166–67 (Tex.

2012) (courts have obligation to take into account intervening events that may render

proceeding moot).

We will treat the Joint Status Report as a motion to dismiss this original

proceeding; we grant that motion and dismiss the petition for writ of mandamus as

moot. See In re Rakes, No. 05-20-01100-CV, 2021 WL 81868, at *1 (Tex. App.—

Dallas Jan. 11, 2021, no pet.) (mem. op.).

/Bill Pedersen, III/ 191119f.p05 BILL PEDERSEN, III JUSTICE

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