Dismiss and Opinion Filed April 5, 2021
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-20-00703-CV
IN RE GEICO ADVANTAGE INSURANCE COMPANY AND CEONDRIA
HOBBS, Relators
Original Proceeding from the 439th Judicial District Court
Rockwall County, Texas
Trial Court Cause No. 1-19-1494
MEMORANDUM OPINION
Before Justices Myers, Molberg, and Goldstein
Opinion by Justice Myers
Before the Court is the petition for writ of mandamus filed on July 29, 2020,
by relators GEICO Advantage Insurance Company and Ceondria Hobbs. Relators
contend the trial court abused its discretion by denying their motion to stay or abate
the proceedings on the claims of real party in interest Constantine Farr while the
Supreme Court of Texas was considering similar issues in In re State Farm Mutual
Automobile Insurance Co., Nos. 19-0791, 19-0792. On August 6, 2020, we issued
a stay of further proceedings in the trial court pending resolution of this original
proceeding. Farr filed a response to the petition for writ of mandamus, and relators
filed a reply. In the reply, relators made clear that the only relief they sought was
“to stay the underlying proceedings while the Supreme Court of Texas decides two
decisions which involve the same issues.”
On March 19, 2021, the supreme court issued one opinion resolving those two
cases. See In re State Farm Mutual Automobile Insurance Co., Nos. 19-0791,
19-0792, 2021 WL 1045651 (Tex. Mar. 19, 2021). This Court’s order staying the
trial court proceedings followed by the supreme court’s decision delivered all the
relief relators are requesting, thus making relators’ petition for writ of mandamus
moot. See In re Bonilla, 424 S.W.3d 528, 534 (Tex. Crim. App. 2014) (original
proceeding) (mandamus relief rendered moot when relator received information he
was seeking).
Accordingly, we lift the stay of the proceedings in the trial court, and we
dismiss relators’ petition for writ of mandamus as moot.
/Lana Myers/
LANA MYERS
JUSTICE
200703F.P05
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