in Re Rowan Services, LLC and Rowan Companies, Inc.
in Re Rowan Services, LLC and Rowan Companies, Inc.
Opinion
Opinion issued August 2, 2022
In The Court of Appeals For The First District of Texas ———————————— NO. 01-22-00433-CV ——————————— IN RE ROWAN SERVICES, LLC AND ROWAN COMPANIES, INC., Relators
Original Proceeding on Petition for Writ of Mandamus
MEMORANDUM OPINION Relators, Rowan Services, LLC and Rowan Companies, Inc., filed a petition for writ of mandamus challenging the trial court’s May 18, 2022 order granting the motion to compel discovery responses of real party in interest, Stephen Fortune.1
The underlying case is Stephen Fortune v. Rowan Services, LLC and Rowan Companies, Inc., No. 2020-00964, in the 127th District Court of Harris County, Texas, the Honorable R.K. Sandill presiding.
On July 19, 2022, relators notified the Court that “settlement ha[d] been reached, agreed and bound” in the underlying litigation. Relators further “request[ed] the [p]etition for [w]rit of [m]andamus filed on behalf of [relators] be removed from” the Court’s docket. We construe relators’ notice as a motion to dismiss their petition for writ of mandamus. Relators’ motion does not include a certificate of conference, but more than ten days have passed since relators’ motion was filed, and real party in interest has not opposed the relief requested in relators’ motion. See TEX. R. APP. P. 10.1(a)(5), 10.3(a)(2).
Accordingly, we grant relators’ motion and dismiss the petition. We dismiss all pending motions as moot.
PER CURIAM Panel consists of Justices Landau, Guerra, and Farris.
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