Court of Civil Appeals of Texas, 2019

in Re Jason L. Whitney, USSC Holding LLC, RC&B Wholesale LLC, Premium Numismatics LP, and Oxford Rarities LP

in Re Jason L. Whitney, USSC Holding LLC, RC&B Wholesale LLC, Premium Numismatics LP, and Oxford Rarities LP
Court of Civil Appeals of Texas · Decided April 11, 2019

in Re Jason L. Whitney, USSC Holding LLC, RC&B Wholesale LLC, Premium Numismatics LP, and Oxford Rarities LP

Opinion

In The Court of Appeals Ninth District of Texas at Beaumont ___________________ NO. 09-19-00078-CV ___________________

IN RE JASON L. WHITNEY, USSC HOLDING LLC, RC&B WHOLESALE LLC, PREMIUM NUMISMATICS LP, AND OXFORD RARITIES LP __________________________________________________________________ Original Proceeding 279th District Court of Jefferson County, Texas Trial Cause No. F-227,594 __________________________________________________________________ MEMORANDUM OPINION Relators Jason L. Whitney, USSC Holding LLC, RC&B Wholesale LLC, Premium Numismatics LP, and Oxford Rarities LP filed a petition for writ of mandamus challenging two orders that relate to discovery in a family law case, trial cause number F-227,594, styled In the Matter of the Marriage of Jessica Garth Whitney and Jason L. Whitney and in the Interest of T.E.W. and T.L.W. In their petition, Relators seek a writ compelling the judge of the 279th District Court to vacate his discovery order of February 28, 2018, and a related order dated February

14, 2019. The discovery order required Relators to permit Jessica’s representatives to inspect the books and records of several corporations and partnerships that were not parties in cause number F-227,594. Relators also ask this Court to instruct the trial court to withdraw its two orders and to replace them with an order denying Jessica’s motion to enforce.

After the Relators filed their petition, Jessica filed a motion to dismiss the mandamus proceeding as moot. She asserts the trial court withdrew the orders that are the subjects of Relators’ complaints. Counsel for Relators has not objected to the request to dismiss their petition.

We grant the motion to dismiss, lift our order dated March 13, 2019, which stayed the proceedings in the trial court, and dismiss the Relators’ petition as moot.

PETITION DISMISSED.

PER CURIAM Submitted on April 10, 2019 Opinion Delivered April 11, 2019 Before McKeithen, C.J., Kreger and Horton, JJ.

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