Opinion
NUMBER 13-16-00606-CV
06-06-2018
IN RE SHAHIN ZARAIENH
On Petition for Writ of Mandamus.
MEMORANDUM OPINION
Before Chief Justice Valdez and Justices Contreras and Longoria
Memorandum Opinion Per Curiam
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. When granting relief, the court must hand down an opinion as in any other case."); id. R. 47.4 (distinguishing opinions and memorandum opinions).
By petition for writ of mandamus, relator Shahin Zaraienh seeks to compel the trial court to vacate the final judgment rendered in this case on September 27, 2016. Relator contends that the final judgment was signed after the trial court's plenary power had expired and is thus void. This original proceeding arises from trial court cause number C-1384-14-A(1) in the 92nd District Court of Hidalgo County, Texas, which was severed from the original trial court cause number C-1384-14-A. This Court previously requested and received responses to the petition for writ of mandamus from real parties in interest Dale & Klein, L.L.P., Katie Pearson Klein, and Fernando Mancias.
This original proceeding joins several other matters pending in this Court arising from the original trial court cause number and the severed cause number. See In re Zaraienh, No. 13-16-00465-CV, 2018 WL ___, at *___ (Tex. App.—Corpus Christi June 6, 2018, orig. proceeding) (mem. op., per curiam); Zaraienh v. Mancias, et al., No. 13-16-00454-CV, 2018 WL ___, at *___ (Tex. App.—Corpus Christi June 6, 2018, orig. proceeding) (mem. op., per curiam); Zaraienh v. Dale & Klein L.L.P. et al., No. 13-16-00223-CV, 2016 WL 4145967, at *1 (Tex. App.—Corpus Christi Aug. 4, 2016, no pet.) (mem. op., per curiam). Because of the Court's disposition of the petition for writ of mandamus in our cause number 13-16-00465-CV, this original proceeding has been rendered moot. See Heckman v. Williamson Cty., 369 S.W.3d 137, 162 (Tex. 2012) ("Put simply, a case is moot when the court's action on the merits cannot affect the parties' rights or interests."); 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, including the appeal.").
The Court, having examined and fully considered the petition for writ of mandamus, the responses, the record, and the applicable law, is of the opinion that this matter has been rendered moot. Accordingly, we dismiss this original proceeding as moot. See TEX. R. APP. P. 52.8(a).
PER CURIAM Delivered and filed the 6th day of June, 2018.