In Re Webber LLC and Its Employee, Melquicedek Garcia Paz v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: April 1, 2025
• Docket: 01-24-00463-CV
• Status: Published

Opinion

Opinion issued April 1, 2025

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-24-00463-CV ——————————— IN RE WEBBER COMMERCIAL CONSTRUCTION, LLC AND MELQUICEDEK GARCIA PAZ, Relators

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

Relators Webber Commercial Construction, LLC and Melquicedek Garcia

Paz filed a Petition for Writ of Mandamus challenging two orders issued by the trial

court, one denying their motion to compel an independent medical examination of

Real Party in Interest Derrick Pohts, and the other directing them to produce certain documents.1 The challenged orders were signed by the Hon. Jeralynn Manor, then

the presiding judge of the 80th District Court of Harris County, Texas.

On December 5, 2024, after this Petition for Writ of Mandamus was filed,

Judge Manor signed an order transferring the underlying case to the 190th District

Court of Harris County over which the Hon. Beau A. Miller presides. In light of the

transfer, this Court abated this original proceeding and remanded the matter to the

190th District Court to allow Judge Miller to reconsider the trial court rulings

challenged in Relators’ Petition for Writ of Mandamus. See Tex. R. App. P. 7.2(b)

(“If the case is an original proceeding under Rule 52, the court must abate the

proceeding to allow the successor to reconsider the original party’s decision.”).

Relators have now filed an Unopposed Motion to Reinstate and Dismiss

Proceeding, stating that “[t]he parties have settled the civil action that underlies this

proceeding, rendering the mandamus proceeding moot” and asking us to reinstate

and dismiss this original proceeding. See TEX. R. APP. P. 52.8(a); see also In re State

Farm Mut. Auto. Ins. Co., No. 01-22-00619-CV, 2023 WL 4239850, at *1 (Tex.

App.—Houston [1st Dist.] June 29, 2023, orig. proceeding) (mem. op.) (granting

relator’s request to dismiss after parties settled their dispute).

1 The underlying case is Derrick Pohts v. Webber Commercial Construction, LLC and Melquicedek Garcia Paz, cause number 2022-30297, pending in the 190th District Court of Harris County, Texas, the Hon. Beau A. Miller presiding.

2 We grant Relators’ motion. We reinstate this original proceeding and dismiss

the Petition for Writ of Mandamus. We dismiss any other pending motions as moot.

PER CURIAM

Panel consists of Justices Rivas-Molloy, Johnson, and Dokupil.