DISMISS and Opinion Filed November 4, 2014
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-14-01195-CV
IN RE KINGMAN HOLDINGS, L.L.C., Relator
Original Proceeding from the 416th Judicial District Court
Collin County, Texas
Trial Court Cause No. 416-02434-2014
MEMORANDUM OPINION
Before Justices O'Neill, Lang, and Brown
Opinion by Justice Lang
Before the Court is relator’s petition for writ of mandamus. The Court has received an
order from the trial court withdrawing and dissolving its September 4, 2014 Order on Motion to
Consolidate, which is the subject of the petition for writ of mandamus. A case becomes moot if
a controversy ceases to exist. 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.”); State Bar of Tex. v. Gomez, 891 S.W.2d 243, 245
(Tex. 1994) (orig. proceeding) (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);
Dow Chem. Co. v. Garcia, 909 S.W.2d 503, 505 (Tex. 1995) (orig. proceeding) (court will not
issue mandamus if it would be useless or unavailing).
With the withdrawal and dissolution of the challenged order a justiciable controversy no
longer exists thereby rendering the petition for writ of mandamus moot. Accordingly, we
DISMISS the petition for writ of mandamus.
141195F.P05 /Douglas S. Lang/
DOUGLAS S. LANG
JUSTICE
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