Opinion issued May 26, 2011.

In The

Court of Appeals

For The

First District of Texas

————————————

NO. 01-11-00301-CV

———————————

IN RE JAMES P. CHARNQUIST, LEGENDS AT VANCE JACKSON APARTMENTS, L.P., AND LEGENDS AT VANCE JACKSON, G.P., LLC,  Relators

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

          Relators, James P. Charnquist, Legends at Vance Jackson Apartments, L.P., and Legends at Vance Jackson, G.P., LLC, filed a petition for writ of mandamus challenging the trial court’s order (1) finding that the application for turnover and the appointment of a receiver is not barred by res judicata, (2) compelling the deposition of James P. Charnquist, and (3) overruling discovery objections.  After relators filed their petition for writ of mandamus, real party in interest, James P. Charnquist, non-suited the underlying case.[1] 

A non-suit typically moots the case or controversy from the moment of its filing or pronouncement in open court.  Univ. of Tex. Med. Branch at Galveston v. Estate of Blackmon ex rel. Shultz, 195 S.W.3d 98, 100 (Tex. 2006) (per curiam).  Because appellate courts are prohibited from deciding moot controversies, we dismiss relators’ petition for writ of mandamus and vacate our order granting temporary relief.  See Brooks v. Northglen Ass’n, 141 S.W.3d 158, 164 (Tex. 2004). 

PER CURIAM

Panel consists of Justices Jennings, Bland, and Massengale.