In Re Shell Retail and Convenience Operations LLC v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: October 3, 2024
• Docket: 01-24-00466-CV
• Status: Published

Opinion

Opinion issued October 3, 2024

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-24-00466-CV ——————————— IN RE SHELL RETAIL AND CONVENIENCE OPERATIONS LLC, Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

Relator filed a petition for writ of mandamus challenging the trial court’s order

granting real party in interest Instafuel Sellers’ Representative Wisam Nahhas’

motion to compel the deposition of Peter Muschick, a non resident employee, to be

taken in Houston, Texas. Relator moved for an emergency stay of the trial court’s

order, which this Court granted. Relator has filed an agreed motion to dismiss this original proceeding as

moot,1 asserting that Instafuel’s new counsel no longer seeks to depose Muschick in

person in Houston and has agreed to depose him via remote electronic means.

Relator states that the parties entered into a written agreement concerning

Muschick’s deposition via remote electronic means. Accordingly, relator asserts

that there is no longer a controversy between the parties and relator and Instafuel

jointly ask that this Court dismiss the mandamus.

The Court grants the motion and dismisses the proceeding. See TEX. R. APP.

P. 42.1, 43.2(f). Any other pending motions are dismissed as moot. The stay granted

by order of June 21, 2024 is lifted.

PER CURIAM

Panel consists of Justices Kelly, Landau, and Rivas-Molloy.

1 The underlying case is Instafuel LLC Sellers’ Representative, Wisam Nahhas v. Shell Retail and Convenience Operations LLC, cause number 2023-48496, pending in the 113th District Court of Harris County, Texas, the Honorable Rabeea Sultan Collier presiding. 2