in Re State Farm Lloyds

Court of Appeals of Texas·Decided July 26, 2012·No. 01-12-00161-CV·Published

Opinion

Opinion issued July 26, 2012

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-12-00161-CV ——————————— IN RE STATE FARM LLOYDS, Relator

On Appeal from the 212th District Court Galveston County, Texas Trial Court Case No. 10-CV-2741

MEMORANDUM OPINION

In this original proceeding, Relator State Farm Lloyds seeks relief from a

trial court order that (1) compels discovery, and (2) strikes evidence offered in

support of State Farm’s objection to Real-Party-In-Interest’s discovery request.

State Farm has since notified the Court that the underlying case has been transferred to an MDL pretrial court, rendering the discovery order at issue in this

original proceeding moot. We do not have jurisdiction over moot orders. E.g.,

FDIC v. Nueces Cnty., 886 S.W.2d 766, 767 (Tex. 1997); see also In re Becker,

No. 01-10-00917-CV, 2011 WL 1588520, at *1 (Tex. App.—Houston [1st Dist.]

April 21, 2011, orig. proceeding) (mem. op.) (dismissing mandamus proceedings

as moot because the “subject orders are not longer in effect”).

We dismiss the petition for writ of mandamus.

PER CURIAM

Panel consists of Chief Justice Radack and Justices Higley and Brown.

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Related

Federal Deposit Insurance Corp. v. Nueces County
886 S.W.2d 766 (Texas Supreme Court, 1994)