In re ExxonMobil Corp.
In re ExxonMobil Corp.
Opinion of the Court
ORDER ON MOTIONS FOR ISSUANCE OF WRIT OF MANDAMUS
On August 26, 2004, we issued an opinion and judgment in companion original proceedings, each seeking a writ of mandamus directing the Honorable Kelly G. Moore, judge of the 121st District Court, Yoakum County, to vacate a May 3, 2004, order denying pleas to the jurisdiction. In re ExxonMobil Corporation, No. 07-04-0285-CV; In re ChevronTexaco Corporation, No. 07-04-286-CV (Tex.App.-Amarillo August 26, 2004) (orig.proceeding). Finding the trial court lacked jurisdiction, we conditionally granted the petition for writ of mandamus, and directed the trial court to vacate its May 3 order and to dismiss the underlying suit. Our opinion stated this court’s Clerk would be directed to issue the writ only in the event the trial court failed to comply with the opinion. Id. at 25.
In a response filed October 6, 2004, the real parties in interest reported fifing a petition for writ of mandamus in the supreme court, with a request for temporary relief. The supreme court denied both the petition and the request for temporary relief on October 7, 2004.
We have received correspondence from Judge Moore that includes a copy of an “Order and Final Judgment” also signed October 7, vacating his May 3, 2004 order, granting defendants’ pleas to the jurisdiction and dismissing the case. The trial court’s October 7 order renders moot the pending motions for issuance of writ of mandamus, and they are dismissed.
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