Opinion
NUMBER 13-20-00540-CV
01-27-2021
IN RE DOLGENCORP OF TEXAS INC. D/B/A DOLLAR GENERAL CORPORATION
On Petition for Writ of Mandamus.
MEMORANDUM OPINION
Before Justices Benavides, Longoria, and Tijerina
Memorandum Opinion by Justice Tijerina
See TEX. R. APP. P. 52.8(d) ("When denying relief, the court may hand down an opinion but is not required to do so," but "[w]hen granting relief, the court must hand down an opinion as in any other case"); id. R. 47.4 (distinguishing opinions and memorandum opinions).
Currently before the Court is an "Agreed Motion to Dismiss" filed by relator Dolgencorp of Texas Inc. d/b/a Dollar General Corporation. According to this motion, the trial court has vacated the orders subject to challenge in this original proceeding, the real party in interest, Luciana Ramirez, has amended her pleadings to eliminate a request for presuit discovery, and relator has removed the underlying action to federal court. Relator requests that we dismiss this original proceeding as moot.
The Court, having examined and fully considered the agreed motion to dismiss, is of the opinion that it should be granted. Accordingly, this original proceeding, which was previously abated at the parties' request, is hereby REINSTATED. We lift the stay previously imposed in this case. See TEX. R. APP. P. 52.10(b) ("Unless vacated or modified, an order granting temporary relief is effective until the case is finally decided."). We GRANT the agreed motion to dismiss and we DISMISS this original proceeding AS MOOT. See Heckman v. Williamson County, 369 S.W.3d 137, 162 (Tex. 2012) ("A case becomes moot if, since the time of filing, there has ceased to exist a justiciable controversy between the parties—that is, if the issues presented are no longer 'live,' or if the parties lack a legally cognizable interest in the outcome."); In re Kellogg Brown & Root, Inc., 166 S.W.3d 732, 737 (Tex. 2005) (orig. proceeding) (stating that a case becomes moot "if a controversy ceases to exist between the parties at any stage of the legal proceedings"); State Bar of Tex. v. Gomez, 891 S.W.2d 243, 245 (Tex. 1994) (stating that, for a controversy to be justiciable, there must be a real controversy between the parties that will be actually resolved by the judicial relief sought); see also In re Smith County, 521 S.W.3d 447, 455 (Tex. App.—Tyler 2017, orig. proceeding).
JAIME TIJERINA
Justice Delivered and filed on the 27th day of January, 2021.