in Re Sunamerica Investments, Inc.

• Court: Court of Appeals of Texas
• Decided: May 17, 2011
• Docket: 14-11-00317-CV
• Status: Published

Opinion

Petition for Writ of Mandamus Dismissed as Moot and Memorandum Opinion filed May 17, 2011.

In The

Fourteenth Court of Appeals

NO. 14-11-00317-CV

In Re Sunamerica Investments, Inc., Relator

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

125th District Court

Harris County

Trial Court Cause No. 2009-55747A

MEMORANDUM OPINION

On April 13, 2011, relator Sunamerica Investments, Inc. filed a petition for writ of mandamus in this court.  See Tex. Gov’t Code Ann. §22.221; see also Tex. R. App. P. 52. In the petition, relator asks this court to compel the Honorable Kyle Carter, presiding judge of the 125th District Court of Harris County to vacate his April 4, 2011 order granting the jury demand of real parties in interest, Paul Buchanan, Coach Realty Services, Inc., and Thomas H. Scott.

On May 3, 2011, real parties filed a joint waiver of jury trial in the underlying litigation.  On the same day, real parties filed a motion to dismiss this petition for writ of mandamus as moot.  The motion is granted.

Accordingly, relator’s petition for writ of mandamus is dismissed as moot.

                                                                                    PER CURIAM

Panel consists of Justices Frost, Jamison, and McCally.