NUMBER 13-13-00277-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
IN RE FORD MOTOR COMPANY
On Petition for Writ of Mandamus.
MEMORANDUM OPINION
Before Justices Rodriguez, Garza, and Perkes
Per Curiam Memorandum Opinion1
Relator, Ford Motor Company, filed a petition for writ of mandamus in the above
cause on May 28, 2013, requesting that we direct the Honorable Robert J. Vargas,
Presiding Judge of County Court at Law Number One of Nueces County, Texas, to
withdraw a sanctions order. The Court requested and received a response to the
petition for writ of mandamus from real parties in interest, Raul Segovia, individually, for
and on behalf of all those entitled to recover for the death of Consuelo Segovia under
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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).
the Texas Wrongful Death and Survival Acts, Irma Segovia, Helen Guzman, Erasmo
Guzman, Susana Guzman, and Erasmo Guzman Jr. See TEX. R. APP. P. 52.2, 52.4,
52.8. Relator has now filed an unopposed motion to withdraw its petition for writ of
mandamus on grounds that the respondent has vacated the discovery order at issue in
this original proceeding, and thus the issues raised in the petition for writ of mandamus
are moot.
The Court, having examined and fully considered the motion to withdraw, is of
the opinion it should be construed as a motion to dismiss this original proceeding as
moot. See 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.”); 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, the Court GRANTS the motion and
DISMISSES the petition for writ of mandamus as moot. See TEX. R. APP. P. 52.8(a). By
order previously rendered in this cause, the mandamus record was placed under seal.
Relator’s motion to withdraw does not address the status of the mandamus record, and
thus it will remain sealed.
PER CURIAM
Delivered and filed the
13th day of August, 2013.
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