in Re: Sherry Beard

• Court: Court of Appeals of Texas
• Decided: August 4, 2021
• Docket: 05-21-00393-CV
• Status: Published

Opinion

DISMISS and Opinion Filed August 4, 2021

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-21-00393-CV

IN RE SHERRY BEARD, Relator

Original Proceeding from the 193rd Judicial District Court Dallas County, Texas Trial Court Cause No. DC-20-04466

MEMORANDUM OPINION Before Justices Myers, Partida-Kipness, and Carlyle Opinion by Justice Partida-Kipness Before the Court is relator’s May 28, 2021 petition for writ of mandamus in

which she challenges the trial court’s order compelling discovery. In her petition,

relator argues that the trial court abused its discretion because all discovery must be

automatically stayed while the parties’ motions to dismiss pursuant to the Texas

Citizens Participation Act are pending.

In its June 21, 2021 letter, which we construe as a motion to dismiss, real party

in interest advises us that this original proceeding has been rendered moot by the

trial court’s denial of the TCPA motions. We grant the motion and dismiss the original proceeding as moot. We also lift the May 28, 2021 stay order issued by this

Court.

/Robbie Partida-Kipness/ ROBBIE PARTIDA-KIPNESS JUSTICE

210393F.P05

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