DISMISS; and Opinion Filed December 15, 2014
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-14-01154-CV
IN RE JAMES D. YOO, KEITH WARD, HANS YOO, YOUNG K. YOO, AND DANNY
YOO, Relators
Original Proceeding from the 192nd Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-13-14351
MEMORANDUM OPINION
Before Justices O'Neill, Lang, and Brown
Opinion by Justice Lang
On December 12, 2014 relators filed an agreed motion to dismiss the petition for writ of
mandamus in this case, which states the parties have reached, executed and satisfied a
confidential settlement agreement and the trial court has signed an order vacating the September
2, 2014 writ of attachment that 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 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. We DISMISS the petition.
/Douglas S. Lang/
DOUGLAS S. LANG
JUSTICE
141154F.P05
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