In Re City of Edinburg v. the State of Texas
Docket 13-26-00238-CV
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- Filed
- Jurisdiction
- Texas
- Court
- Texas Court of Appeals, 13th District
- Type
- Lead Opinion
- Case type
- Other
- Disposition
- Dismissed
- Docket
- 13-26-00238-CV
Original mandamus proceeding in the court of appeals seeking relief from an alleged trial-court discovery order
Summary
The City of Edinburg filed a petition for writ of mandamus claiming the trial court abused its discretion by freezing discovery deadlines. The city later moved to withdraw the petition because the parties reached an agreement about the disputed discovery, rendering the mandamus request moot. The court treated the withdrawal as a motion to dismiss, found the matter moot under controlling authority, and dismissed the petition for writ of mandamus.
Issues Decided
- Whether the petition for writ of mandamus challenging the trial court's handling of discovery remained justiciable after the parties reached an agreement
- Whether the court should construe a relator's motion to withdraw a petition as a motion to dismiss and dismiss the proceeding as moot
Court's Reasoning
Because the parties resolved the underlying discovery dispute, there was no longer a live controversy for the court to decide, making the mandamus petition moot. The court relied on precedent holding that an original proceeding is rendered moot when the issues presented are resolved, and therefore granting mandamus relief would be unnecessary. Consequently, the court construed the withdrawal as a motion to dismiss and dismissed the petition.
Authorities Cited
- In re Contract Freighters, Inc.646 S.W.3d 810 (Tex. 2022)
- Heckman v. Williamson County369 S.W.3d 137 (Tex. 2012)
- In re Kellogg Brown & Root, Inc.166 S.W.3d 732 (Tex. 2005)
Parties
- Petitioner
- City of Edinburg
- Judge
- Jon West
Key Dates
- Decision date
- 2026-04-10
What You Should Do Next
- 1
Confirm discovery agreement in writing
Ensure the agreement resolving discovery is documented and filed with the trial court if necessary to avoid future disputes.
- 2
Proceed in the underlying case
Continue litigating the main lawsuit consistent with the parties' discovery agreement and any remaining trial-court scheduling orders.
- 3
Consult counsel about preservation
If a party wants to preserve objections for appeal, consult counsel on whether further appeals or motions in the trial court are appropriate.
Frequently Asked Questions
- What did the court decide?
- The court dismissed the City of Edinburg's mandamus petition as moot after the parties resolved the discovery dispute.
- Who does this decision affect?
- It affects the City of Edinburg and the opposing party in the underlying case; it does not create a precedent altering substantive discovery law.
- What happens next in the underlying case?
- Because the parties reached an agreement on discovery, the underlying litigation proceeds based on that agreement and any remaining trial-court rulings.
- Can this dismissal be appealed?
- The court treated the withdrawal as a motion to dismiss and granted it; because the petition is dismissed as moot, there is generally nothing left to appeal in this original mandamus proceeding.
The above suggestions and answers are AI-generated for informational purposes only. They may contain errors. NoticeRegistry assumes no responsibility for their accuracy. Consult a qualified attorney before relying on them.
Full Filing Text
NUMBER 13-26-00238-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI – EDINBURG
IN RE CITY OF EDINBURG
ON PETITION FOR WRIT OF MANDAMUS
MEMORANDUM OPINION
Before Chief Justice Tijerina and Justices West and Cron
Memorandum Opinion by Justice West 1
Relator City of Edinburg filed a petition for writ of mandamus through which it
asserted that the trial court abused its discretion by “freezing” discovery deadlines.
However, relator has now filed a motion to withdraw its petition for writ of mandamus.
According to relator’s motion, the parties have reached an agreement regarding the
discovery at issue, and the petition for writ of mandamus is now moot.
1 See TEX. R. APP. P. 52.8(d) (“When denying relief, the court may hand down an opinion but is not
required to do so. When granting relief, the court must hand down an opinion as in any other case.”); id. R.
47.1 (“The court of appeals must hand down a written opinion that is as brief as practicable but that
addresses every issue raised and necessary to final disposition of the appeal.”); id. R. 47.4 (explaining the
distinction between opinions and memorandum opinions).
The Court, having examined and fully considered the petition for writ of mandamus
and the foregoing events, is of the opinion that this original proceeding has been rendered
moot. See In re Contract Freighters, Inc., 646 S.W.3d 810, 813 (Tex. 2022) (orig.
proceeding) (per curiam); Heckman v. Williamson County, 369 S.W.3d 137, 162 (Tex.
2012); In re Kellogg Brown & Root, Inc., 166 S.W.3d 732, 737 (Tex. 2005) (orig.
proceeding). Accordingly, we construe relator’s motion to withdraw its petition for writ of
mandamus as a motion to dismiss, and as construed, we grant relator’s motion. We
dismiss the petition for writ of mandamus as moot.
JON WEST
Justice
Delivered and filed on the
10th day of April, 2026.
2