Court of Civil Appeals of Texas, 2019

in Re Freestanding Emergency Room Managers of America, L.L.C

in Re Freestanding Emergency Room Managers of America, L.L.C
Court of Civil Appeals of Texas · Decided August 29, 2019

in Re Freestanding Emergency Room Managers of America, L.L.C

Opinion

Petition for Writ of Mandamus Dismissed and Memorandum Opinion filed August 29, 2019.

In The Fourteenth Court of Appeals NO. 14-19-00074-CV

IN RE FREESTANDING EMERGENCY ROOM MANAGERS OF AMERICA, L.L.C, Relator

ORIGINAL PROCEEDING WRIT OF MANDAMUS 125th District Court Harris County, Texas Trial Court Cause No. 2018-48143 MEMORANDUM OPINION On January 29, 2019, relator Freestanding Emergency Room Managers of America, L.L.C filed a petition for writ of mandamus in this court. See Tex. Gov’t Code Ann. § 22.221 (West Supp. 2017); see also Tex. R. App. P. 52. In the petition, relator asks this court to compel the Honorable to Kyle Carter, presiding judge of the 125th District Court of Harris County, to vacate his January 19, 2010 order transferring venue to Austin County.

On January 30, 2019, the trial court set aside its order, and took the issue under further advisement. On July 22, 2019, the trial court issued an order denying the motion to transfer venue, thereby mooting the relief that relator seeks in this proceeding. On August 20, 2019, relator filed a motion asking this court to dismiss its petition for writ of mandamus.

We GRANT the motion and DISMISS relator’s petition for writ of mandamus.

PER CURIAM Panel consists of Chief Justice Frost and Justices Jewell and Bourliot.

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