Court of Civil Appeals of Texas, 2006

in Re: Enrique Cardenas Gonzalez

in Re: Enrique Cardenas Gonzalez
Court of Civil Appeals of Texas · Decided July 19, 2006

in Re: Enrique Cardenas Gonzalez

Opinion

 

                                                                                        

 

 

                                                                                        

 

                                            

 

 

 

NUMBER 13-06-388-CV

 

                         COURT OF APPEALS

 

                     THIRTEENTH DISTRICT OF TEXAS

 

                         CORPUS CHRISTI - EDINBURG 

                                                                                                                     

 

IN RE: ENRIQUE CARDENAS GONZALEZ

                                                                                                                      

 

On Petition for Writ of Mandamus and and

Motion for Emergency Temporary Relief

                                                                                                                     

 

                               MEMORANDUM OPINION                                   

 

       Before Chief Justice Valdez and Justices Rodriguez and Castillo

                                 Memorandum Opinion Per Curiam

 


Relator, Enrique Cardenas Gonzalez, filed a petition for writ of mandamus in the above cause on July 10, 2006, in which he alleges that the respondent, the Honorable Rodolfo Rudy Gonzalez, Presiding Judge of the County Court at Law No. 1 of Hidalgo County, Texas, abused his discretion by failing to render a decision on relator=s First Amended Special Appearance.  Relator=s petition for writ of mandamus asks this Court to order the respondent to render a decision on relator=s First Amended Special Appearance.  In addition, relator filed an emergency motion for stay that asked this Court to order a stay of the July 11, 2006 hearing. 

This Court stayed all proceedings in the underlying action and requested a response from the real parties in interest.  The real parties in interest, Karl Lehtinen and Nationwide Services, Inc., filed a response to the petition for writ of mandamus on July 14, 2006.  Subsequent to filing of said response, the respondent rendered a decision on relator=s motion by signing an Order Denying Special Appearance and Overruling Objection to Jurisdiction.  On July 17, 2006, the real party in interest filed a motion to dismiss the petition for writ of mandamus.

Having examined and fully considered the: (1) petition for writ of mandamus, (2) real parties in interest=s response, (3) signed Order Denying Special Appearance and Overruling Objection to Jurisdiction, and (4) real party in interest=s motion to dismiss, this Court is of the opinion that the petition for writ of mandamus should be dismissed as moot. The real parties in interest=s motion to dismiss the petition for writ of mandamus is GRANTED, and the stay previously granted in this matter is lifted.  The petition for writ of mandamus is hereby DISMISSED AS MOOT.

 

PER CURIAM

 

Memorandum Opinion delivered and

filed this the 19th day of July, 2006.

 

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