in Re: Scott Bader, Inc.

• Court: Court of Appeals of Texas
• Decided: August 23, 2005
• Docket: 14-05-00854-CV
• Status: Published

Opinion

Petition for Writ of Mandamus Dismissed and Memorandum Opinion filed August 23, 2005

Petition for Writ of Mandamus Dismissed and Memorandum Opinion filed August 23, 2005.

In The

Fourteenth Court of Appeals

____________

NO. 14-05-00854-CV

IN RE SCOTT BADER, INC., Relator

_________________________________________________________________

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

_________________________________________________________________

M E M O R A N D U M   O P I N I O N

On August 19, 2005, relator filed a petition for writ of mandamus in this court.  See Tex. Gov=t. Code Ann. ' 22.221 (Vernon 2004); see also Tex. R. App. P. 52.  In its petition, relator sought to have this court compel the Honorable Sharolyn Wood, presiding judge of the 127th District Court, to set aside her order of August 18, 2005, which imposed sanctions for spoliation and discovery abuse.  Relator also filed a motion for emergency temporary relief, asking that we stay the trial of the underlying cause pending our resolution of the petition.  See Tex. R. App. P. 52.10.

On Monday, August 22, 2005, the trial court vacated its August 18, 2005 order.  Accordingly, relator=s petition for writ of mandamus has been rendered moot.  We therefore dismiss relator=s petition.  We deny relator=s motion for emergency temporary relief.

PER CURIAM

Petition Denied and Memorandum Opinion filed August 23, 2005.

Panel consists of Chief Justice Hedges and Justices Anderson and Seymore.