NUMBER 13-13-00689-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
IN RE ESTEBAN MIGUEL GUERRA
On Petition for Writ of Mandamus.
MEMORANDUM OPINION
Before Chief Justice Valdez and Justices Benavides and Longoria
Memorandum Opinion Per Curiam 1
On December 11, 2013, Esteban Miguel Guerra filed a petition for writ of
mandamus contending that the trial court erred in ordering the underlying dispute to
arbitration because: (1) the trial court failed to give notice or hold a hearing prior to
ordering arbitration; (2) the trial court lacked jurisdiction over the underlying claims; and
(3) the underlying claims were not subject to arbitration. Relator also sought an
emergency stay of the arbitration proceedings. The Court ordered the arbitration
1 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.”); TEX. R. APP. P. 47.4 (distinguishing opinions and memorandum opinions).
proceedings stayed and requested and received a response to the petition for writ of
mandamus from the real party in interest, the Honorable Rolando Cantu. By subsequent
order, the Court also abated the petition for writ of mandamus for consideration of the
challenged order by the successor judge in accordance with In re Blevins, No. 12–0636,
57 Tex. Sup. Ct. J. 38, 2013 WL 5878910, at **1–3 (Tex. Nov. 1, 2013) (orig. proceeding).
Relator has now filed a motion to dismiss this original proceeding on grounds that the trial
court dismissed the underlying trial court proceedings and the petition for writ of
mandamus has been rendered moot.
The Court, having examined and fully considered relator’s motion to dismiss, is of
the opinion that this matter has been rendered moot. 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
Texas 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 REINSTATE this cause, LIFT the
stay previously imposed by this Court, GRANT relator’s motion to dismiss, and DISMISS
this petition for writ of mandamus as moot. See TEX. R. APP. P. 52.8(a).
PER CURIAM
Delivered and filed the
24th day of March, 2014.
2