In re FedEx Ground Package System, Inc., O’Brien Interest, Inc., and Shannon Wilkerson Appeal from 334th District Court of Harris County (memorandum opinion per curiam)
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Opinion issued August 8, 2023 In The Court of Appeals For The First District of Texas ———————————— NO. 01-23-00518-CV ——————————— IN RE FEDEX GROUND PACKAGE SYSTEM, INC., O’BRIEN INTEREST, INC., AND SHANNON WILKERSON, Relators Original Proceeding on Petition for Writ of Mandamus MEMORANDUM OPINION Relators, FedEx Ground Package System, Inc., O’Brien Interest, Inc., and Shannon Wilkerson, filed a petition for writ of mandamus challenging the trial court’s July 12, 2023 order granting the motion to strike relators’ designation of Jim McCord, a former defendant in the underlying litigation, as a responsible third party.1 In connection with their petition for writ of mandamus, relators filed an “Emergency Motion for Temporary Relief Seeking Stay of Trial Commencement,” requesting that the Court stay the trial of the underlying litigation pending resolution of the mandamus petition. On July 19, 2023, the Court granted relators’ emergency motion and stayed the July 31, 2023 trial setting. We lift the stay imposed by our July 19, 2023 order and deny relators’ petition for writ of mandamus. We dismiss any pending motions as moot. PER CURIAM Panel consists of Justices Kelly, Landau, and Farris. 1 The underlying case is Roberto Ramirez v. FedEx Ground Package System, Inc., O’Brien Interest, Inc., and Shannon Wilkerson, Cause No. 2019-74906, in the 334th District Court of Harris County, Texas, the Honorable Dawn Rogers presiding. 2
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