Opinion issued March 26, 2019
In The
Court of Appeals
For The
First District of Texas
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NO. 01-18-00588-CV
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IN RE GORDON PARSONS AND BEVERLY PARSONS, Relators
Original Proceeding on Petition for Writ of Mandamus
MEMORANDUM OPINION
Relators, Gordon Parsons and Beverly Parsons, filed a petition for writ of
mandamus.1 Relators sought to vacate the Honorable Jerri Lee Mills’s “Order
Denying Plaintiff’s Motion to Reopen Discovery, Motion to Remove Suit from
Expedited-Actions Process and Motion to Supplement Expert Discovery,” and to
1
The underlying proceeding is Gordon Parsons and Beverly Parsons v. Texas
Bulkhead and Construction, LLC, and Clifton Schoen, Individually and d/b/a Texas
Bulkhead Construction, Cause No. CI54724, in the County Court at Law No. 1 and
Probate Court, Brazoria County, the Honorable Greg Hill presiding.
issue an order granting those motions. After the case was abated, an abatement
hearing record was filed on January 31, 2019, of the January 25, 2019 motions
hearing held before the new respondent, the Honorable Greg Hill. See TEX. R. APP.
P. 7.2(b). On March 7, 2019, a supplemental clerk’s record was filed attaching two
orders signed by Judge Hill on January 25, 2019, denying relators’ “Motion to
Supplement Expert Discovery” under the expedited-actions process, but granting
relators’ “Motion to Remove Suit from Expedited-Actions Process and Motion to
Reopen Discovery.”
The Clerk of this Court’s March 8, 2019 notice of intent to dismiss notified
relators that this mandamus petition might be dismissed as moot unless they
responded within ten days of that notice. Cf. TEX. R. APP. P. 42.3(a); see, e.g., In re
Jackson, No. 01–12–00020–CV, 2012 WL 405707, at *1 (Tex. App.—Houston [1st
Dist.] Feb. 9, 2012, orig. proceeding) (mem. op.) (dismissing mandamus petition as
moot after relator received relief requested). Relators failed to file a timely response.
Accordingly, the Court reinstates this case and dismisses the petition as moot.
PER CURIAM
Panel consists of Justices Keyes, Higley, and Landau.
2