NUMBER 13-14-00564-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
IN RE HENRY & SONS CONSTRUCTION CO., INC.
On Petition for Writ of Mandamus.
MEMORANDUM OPINION
Before Justices Rodriguez, Benavides, and Perkes
Memorandum Opinion Per Curiam1
Relator, Henry & Sons Construction Co., Inc., filed a petition for writ of mandamus
and emergency motion for temporary relief in the above cause on September 25, 2014,
seeking to compel the trial court to grant a continuance for the trial of the underlying
cause. The Court requested that the real parties in interest, Monica Buitureira,
individually and as representative of the estate of Nicholas Antonio Benavides, deceased,
and Ricardo Benavides, or any others whose interest would be directly affected by the
1See TEX. R. APP. P. 52.8(d) (“When denying relief, the court may hand down an opinion but is not
required to do so.”); TEX. R. APP. P. 47.4 (distinguishing opinions and memorandum opinions).
relief sought, file a response to the emergency motion for temporary relief. Such response
was duly filed. Relator has now filed an unopposed motion to dismiss this original
proceeding on grounds that the parties have reached an agreement to settle the
underlying litigation. Relator requests that we dismiss this petition for writ of mandamus
without reference to its merits and assess appellate court costs against the party incurring
same.
The Court, having examined and fully considered the unopposed motion to
dismiss, is of the opinion that it should be granted. See In re Kellogg Brown & Root, Inc.,
166 S.W.3d 732, 737 (Tex. 2005) (“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). Accordingly, we GRANT the unopposed motion to dismiss and we
DISMISS this original proceeding as moot without reference to the merits thereof. We
likewise DISMISS Relator’s emergency motion for temporary relief as moot. Appellate
costs will be assessed against the party incurring same. See TEX. R. APP. P. 52.8(a).
PER CURIAM
Delivered and filed the
6th day of October, 2014.
2