in Re: Texas Department of Aging and Disability Services

• Court: Court of Appeals of Texas
• Decided: July 27, 2009
• Docket: 13-09-00352-CV
• Status: Published

Opinion

NUMBER 13-09-00352-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

IN RE TEXAS DEPARTMENT OF AGING AND DISABILITY SERVICES

On Petition for Writ of Mandamus and Motion for Emergency Relief.

MEMORANDUM OPINION

Before Justices Rodriguez, Garza, and Vela Per Curiam Memorandum Opinion1

Relator, Texas Department of Aging and Disability Services, filed a petition for writ

of mandamus and motion for emergency relief in the above cause on June 24, 2009. That

same day, the Court ordered the real party in interest to file a response to the petition for

writ of mandamus and ordered the motion for emergency relief to be carried with the case.

The real party in interest has now filed an unopposed motion to dismiss the petition for writ

1 See T EX . R. A PP . P. 52.8(d) (“W hen denying relief, the court m ay hand down an opinion but is not required to do so.”); T EX . R. A PP . P. 47.4 (distinguishing opinions and m em orandum opinions). of mandamus. According to the motion to dismiss, the underlying lawsuit against relator

has been nonsuited and thus, the original proceeding has been rendered moot.

The Court, having examined and fully considered the unopposed motion to dismiss,

is of the opinion that the real party in interest has shown herself entitled to the relief sought.

Accordingly, the motion to dismiss is GRANTED and the petition for writ of mandamus and

motion for emergency relief are hereby DISMISSED as moot. See TEX . R. APP. P. 52.8(a).

PER CURIAM

Memorandum Opinion delivered and filed this 27th day of July, 2009.