In Re the Insurance Company of the State of Pennsylvania v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: June 3, 2025
• Docket: 01-24-00921-CV
• Status: Published

Opinion

Opinion issued June 3, 2025

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-24-00921-CV ——————————— IN RE THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA, Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

Relator The Insurance Company of the State of Pennsylvania has filed a

letter asking that we dismiss this original proceeding as moot.1 Accordingly, we

1 The underlying case is Landry’s, Inc., as Successor-In-Interest to Landry’s Management, LP, Incorporated v. The Insurance Company of the State of Pennsylvania; National Union Fire Insurance Company of Pittsburgh, PA; and Commerce and Industry Insurance Company, cause number 2022-10292, pending in the 133rd District Court of Harris County, Texas, the Honorable Nicole V. Perdue presiding. reinstate this original proceeding,2 interpret relator’s letter as a motion to dismiss,

grant the motion, and dismiss the petition for writ of mandamus as moot. See In re

Kellogg Brown & Root, Inc., 166 S.W.3d 732, 737 (Tex. 2005) (orig. proceeding)

(“A case becomes moot if a controversy ceases to exist between the parties at any

stage of the legal proceedings.”). We dismiss any pending motions as moot.

PER CURIAM Panel consists of Chief Justice Adams and Justices Caughey and Johnson.

2 We previously abated this appeal to allow the successor to reconsider the original party’s decision. See TEX. R. APP. P. 7.2(b). 2