NUMBER 13-16-00437-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
IN RE KRAGE & JANVEY, L.L.P.
On Petition for Writ of Mandamus.
MEMORANDUM OPINION
Before Chief Justice Valdez and Justices Garza and Longoria
Memorandum Opinion1 Per Curiam
Relator, Krage & Janvey, L.L.P., filed a petition for writ of mandamus in the above
cause on August 2, 2016 seeking to transfer venue of the underlying case from Nueces
County, Texas to Collin County, Texas. The Court requested that the real parties in
interest, Joyce C. Zarsky, individually and in her capacity as executrix of the Estate of
Clifford Zarsky, Zarsky General Partner, L.L.C., and Rex Moses, or any others whose
interest would be directly affected by the relief sought, file a response to the petition. The
parties have now filed an agreed joint motion to dismiss this original proceeding.
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).
According to the motion, the real parties have filed a notice of nonsuit as to “all claims
and causes of action” against relator and thus the issues in this original proceeding have
been rendered moot.
The Court, having examined and fully considered the petition for writ of mandamus
and the agreed 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) (orig.
proceeding) (“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, the Court GRANTS the agreed motion to dismiss and DISMISSES the
petition for writ of mandamus as moot. See TEX. R. APP. P. 52.8(a). This dismissal is
without prejudice to refiling if necessary.
PER CURIAM
Delivered and filed the
6th day of September, 2016.
2