Opinion issued July 5, 2013
In The
Court of Appeals
For The
First District of Texas
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NO. 01-11-00769-CV
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IN RE MOODY NATIONAL KIRBY HOUSTON S, LLC, Relator
Original Proceeding on Petition for Writ of Mandamus
MEMORANDUM OPINION
On September 13, 2011, Relator, Moody National Kirby Houston S, LLC
(“Moody”), filed a petition for writ of mandamus seeking to compel the trial court
to grant its motion to expunge the lis pendens filed by Real Party in Interest,
Capcor at KirbyMain, LLC (“Capcor”), on a parcel of real property owned by
1
Moody. 1 The motion was based on Capcor’s alleged failure to comply with the
notice requirements of Texas Property Code section 12.0071(d). See TEX. PROP.
CODE ANN. § 12.0071(d) (West 2012). On March 11, 2013, Moody filed a second
petition for writ of mandamus, asserting a new ground for expunction under
section 12.0071(c)(2). See id. § 12.0071(c)(2). Because Moody abandoned the
ground asserted in its first petition, we dismiss Moody’s first petition for writ of
mandamus as moot.
PER CURIAM
Panel consists of Chief Justice Radack and Justices Sharp and Massengale.
1
The underlying case is Capcor at KirbyMain, LLC v. Moody National Kirby
Houston S, LLC and Moody National Title Company, LP, Cause No. 2011-32904,
pending in the 215th Judicial District Court of Harris County, Texas, the
Honorable Elaine Palmer, presiding.
2