in Re Rapid Settlements, LTD.

• Court: Court of Appeals of Texas
• Decided: July 21, 2006
• Docket: 14-06-00572-CV
• Status: Published

Opinion

Petition for Writ of Mandamus Dismissed and Memorandum Opinion filed July 21, 2006

Petition for Writ of Mandamus Dismissed and Memorandum Opinion filed July 21, 2006.

In The

Fourteenth Court of Appeals

____________

NO. 14-06-00572-CV

IN RE RAPID SETTLEMENTS, LTD., Relator

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

M E M O R A N D U M  O P I N I O N

On June 30, 2006, relator Rapid Settlements, Ltd. filed a motion for emergency stay and petition for writ of mandamus in this court, seeking relief from the trial court=s order staying arbitration proceedings.^[1]  We granted the motion for emergency stay on that date and requested a response from real parties, Simmie B. King and Settlement Funding, LLC d/b/a Peachtree Settlement Funding. 

Having examined and fully considered the arguments of the parties to this original proceeding, we conclude that the issues presented in the petition are not ripe for our determination.  The jurisdictional requirement of ripeness applies to mandamus cases. See Perry v. Del Rio, 66 S.W.3d 239, 248B252 (Tex. 2001). An opinion issued in a case that is not ripe is an advisory opinion and courts of this State have no jurisdiction to render advisory opinions.  Tex. Ass'n of Bus. v. Tex. Air Control Bd., 852 S.W.2d 440, 444 (Tex. 1993).  The stay of the trial court proceedings put into effect by our order dated June 30, 2006, is hereby lifted. The petition for writ of mandamus is dismissed for want of jurisdiction.    

PER CURIAM

Petition Dismissed and Memorandum Opinion filed July 21, 2006.

Panel consists of Justices Anderson, Edelman, and Frost

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^[1]See Tex. Gov=t Code Ann. ' 22.221 (Vernon 2005); see  also  Tex. R. App. P. 52.1.