In Re Real Estate LLC and Michell "Shelly" Scanlin v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: May 29, 2025
• Docket: 01-25-00067-CV
• Status: Published

Opinion

Opinion issued May 29, 2025

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-25-00067-CV ——————————— IN RE REAL ESTATE LLC AND MICHELL “SHELLY” SCANLIN, Relators

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

Relators, Real Estate LLC and Michelle Scanlin, filed a mandamus petition

challenging an August 9, 2024 order awarding attorney’s fees and requiring

satisfaction of the award prior to entry of final judgment.1 Because the challenged

1 The underlying case is Styled Real Estate, LLC and Michelle “Shelly” Scanlin v. Savannah Lacey Manhold, Sarah Cruse, and Lauren Price LaRoche, and Chance Brown Real Estate, LLC, cause number 2021-03329, pending in the 215th District Court of Harris County, Texas, the Honorable Nathan Milliron presiding. order was issued by the former trial court judge, this original proceeding was abated

to allow the successor trial court judge to reconsider the order. See TEX. R. APP. P.

7.2(b). On April 13, 2025, the successor trial court judge granted reconsideration

and vacated the August 9, 2024 order “in its entirety, subject to further order of this

Court.” On May 6, 2025, Relators filed a written notice advising our Court of the

successor trial court judge’s order and requesting that our Court “render any order

or judgment that it determines is required or proper under the circumstances, both in

this cause and in the related appeal, docketed as cause number 01-24-00661-CV.”

Accordingly, we reinstate this original proceeding on the Court’s active

docket and dismiss the petition for writ of mandamus as moot. See In re Kapur, No.

01-24-00918-CV, 2025 WL 626187, at *1 (Tex. App.—Houston [1st Dist.] Feb. 27,

2025, orig. proceeding) (mem. op.) (dismissing mandamus petition as moot where

successor trial court judge vacated challenged order). We further dismiss any

pending motions as moot.

PER CURIAM

Panel consists of Chief Justice Adams and Justices Caughey and Johnson.