In Re Peter Shaper v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: January 23, 2025
• Docket: 01-24-00746-CV
• Status: Published

Opinion

Opinion issued January 23, 2025

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-24-00746-CV ——————————— IN RE PETER SHAPER, Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

Relator, Peter Shaper, filed a petition for writ of mandamus challenging the

trial court’s September 27, 2024 order denying relator’s “Amended Motion for

Leave to Designate Responsible Third Parties.”1 Relator also filed an “Emergency

Motion for Temporary Relief,” requesting that the Court “stay all trial proceedings

1 The underlying case is Catherine E. Youngman, in her capacity as Class 3 Trustee for the Speedcast SFA Lenders’ Litigation Trust v. Peter Shaper, Cause No. 2022-01305, in the 61st District Court of Harris County, Texas, the Honorable Lee Kathryn Shuchart presiding. in the underlying matter,” including an October 7, 2024 pre-trial conference and

October 14, 2024 trial setting, pending the Court’s disposition of the petition for writ

of mandamus.

On October 4, 2024, the Court granted relator’s motion for temporary relief,

in part, staying the October 7, 2024 pre-trial conference and the October 14, 2024

trial setting. On December 3, 2024, counsel for relator notified the Court that the

parties had reached a settlement agreement, and that after all settlement documents

had been executed, relator would file a motion to dismiss this original proceeding.

On January 13, 2025, relator filed an “Unopposed Motion to Voluntarily

Dismiss Petition for Writ of Mandamus.” In the motion, relator stated that the parties

had “fully executed [their] settlement, rendering this mandamus action

unnecessary.” Accordingly, relator requested that the “Court dismiss this original

proceeding.”

Relator’s motion includes a certificate of conference stating that real party in

interest, Catherine E. Youngman, in her capacity as Class 3 Trustee for the Speedcast

SFA Lenders’ Litigation Trust, is unopposed to the relief requested in relator’s

motion to dismiss. See TEX. R. APP. P. 10.1(a)(5), 10.3(a)(2).

Accordingly, we lift the stay imposed by our October 4, 2024 order, grant

relator’s motion, and dismiss the petition for writ of mandamus. All other pending

motions are dismissed as moot. PER CURIAM

Panel consists of Justices Guerra, Caughey, and Morgan.