NUMBER 13-12-00725-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
IN RE THE GOODYEAR TIRE & RUBBER COMPANY AND
GOODYEAR-DUNLOP TIRES NORTH AMERICA, LTD.
On Petition for Writ of Mandamus
MEMORANDUM OPINION
Before Chief Justice Valdez and Justices Benavides and Perkes
Memorandum Opinion Per Curiam
Relators, the Goodyear Tire and Rubber Company and Goodyear-Dunlop Tires
North America, LTD (“Goodyear”), filed a petition for writ of mandamus on November
28, 2012 complaining of an order signed by Judge Joseph Kelly, who retired from his
position as judge of the 24th Judicial District Court on December 30, 2012. The
Honorable Jack Marr succeeded Judge Kelly. On January 17, 2013, Goodyear moved
for abatement to allow Judge Marr to reconsider Judge Kelly’s ruling under Texas Rule
of Appellate Procedure 7.2(b), which we granted.
Judge Marr held a hearing on the motion for reconsideration on February 11,
2013. On March 28, 2013, Judge Marr signed two orders. Goodyear states in its
advisory to this Court that Judge Marr’s orders “have made several of the issues raised
in the current mandamus petition moot, including some-but not all-of the issues related
to the protective order.”
Because the mandamus record currently before us is based upon an order of the
trial court that has been superseded, at least in part, we agree with Goodyear that
dismissal of the current mandamus proceeding is an appropriate disposition. Thus, we
lift our previous order of abatement, lift the stay order of November 29, 2012, dismiss
the original proceeding without prejudice to either party to file a new petition for writ of
mandamus, if warranted, and deny real parties in interest’s motion for expedited denial
of the mandamus petition and real parties in interest motion for sanctions.
IT IS SO ORDERED.
PER CURIAM
Delivered and filed the
22th day of April, 2013.
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