In Re: Sherry Beard Appeal from 193rd Judicial District Court of Dallas County (memorandum opinion)

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DISMISS and Opinion Filed August 4, 2021 S In The Court of Appeals Fifth District of Texas at Dallas No. 05-21-00393-CV IN RE SHERRY BEARD, Relator Original Proceeding from the 193rd Judicial District Court Dallas County, Texas Trial Court Cause No. DC-20-04466 MEMORANDUM OPINION Before Justices Myers, Partida-Kipness, and Carlyle Opinion by Justice Partida-Kipness Before the Court is relator’s May 28, 2021 petition for writ of mandamus in which she challenges the trial court’s order compelling discovery. In her petition, relator argues that the trial court abused its discretion because all discovery must be automatically stayed while the parties’ motions to dismiss pursuant to the Texas Citizens Participation Act are pending. In its June 21, 2021 letter, which we construe as a motion to dismiss, real party in interest advises us that this original proceeding has been rendered moot by the trial court’s denial of the TCPA motions. We grant the motion and dismiss the original proceeding as moot. We also lift the May 28, 2021 stay order issued by this Court. /Robbie Partida-Kipness/ ROBBIE PARTIDA-KIPNESS JUSTICE 210393F.P05 –2–

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