in Re: Ray Allen

• Court: Court of Appeals of Texas
• Decided: January 21, 2022
• Docket: 05-21-00762-CV
• Status: Published

Opinion

DISMISS and Opinion Filed January 21, 2022

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-21-00762-CV

IN RE RAY ALLEN, Relator

Original Proceeding from the 160th Judicial District Court Dallas County, Texas Trial Court Cause No. MDL-16-00001

MEMORANDUM OPINION Before Justices Schenck, Nowell, and Garcia Opinion by Justice Schenck In this original proceeding, relator Ray Allen—a non-party in the underlying

case—seeks a writ of mandamus compelling the trial court to vacate its order

granting real party in interest Chalak TP Waco, LLC’s motion to compel certain

testimony from him. By letter filed December 13, 2021, real party Chalak TP Waco,

LLC advised us that this original proceeding is moot because all claims asserted

against it have been dismissed with prejudice in the underlying case. Accordingly,

we directed relator to file, no later than December 28, 2021, either a motion to

dismiss the original proceeding or a letter brief showing cause why the original

proceeding should not be dismissed for want of jurisdiction. See Nat’l Collegiate Athletic Ass’n v. Jones, 1 S.W.3d 83, 86 (Tex. 1999) (“Appellate courts are

prohibited from deciding moot controversies.”).

Although we cautioned relator that failure to comply could result in dismissal

of the appeal without further notice, relator has not complied. Accordingly, on the

record before us, we dismiss the petition for writ of mandamus. We also lift the stay

issued by this Court’s September 3, 2021 order.

/David J. Schenck/ DAVID J. SCHENCK JUSTICE

210762F.P05

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