In Re: Ray Allen Appeal from 160th Judicial District Court of Dallas County (memorandum opinion)
Annotate this Case
Download PDF
DISMISS and Opinion Filed January 21, 2022 S In The Court of Appeals Fifth District of Texas at Dallas No. 05-21-00762-CV IN RE RAY ALLEN, Relator Original Proceeding from the 160th Judicial District Court Dallas County, Texas Trial Court Cause No. MDL-16-00001 MEMORANDUM OPINION Before Justices Schenck, Nowell, and Garcia Opinion by Justice Schenck In this original proceeding, relator Ray Allen—a non-party in the underlying case—seeks a writ of mandamus compelling the trial court to vacate its order granting real party in interest Chalak TP Waco, LLC’s motion to compel certain testimony from him. By letter filed December 13, 2021, real party Chalak TP Waco, LLC advised us that this original proceeding is moot because all claims asserted against it have been dismissed with prejudice in the underlying case. Accordingly, we directed relator to file, no later than December 28, 2021, either a motion to dismiss the original proceeding or a letter brief showing cause why the original proceeding should not be dismissed for want of jurisdiction. See Nat’l Collegiate Athletic Ass’n v. Jones, 1 S.W.3d 83, 86 (Tex. 1999) (“Appellate courts are prohibited from deciding moot controversies.”). Although we cautioned relator that failure to comply could result in dismissal of the appeal without further notice, relator has not complied. Accordingly, on the record before us, we dismiss the petition for writ of mandamus. We also lift the stay issued by this Court’s September 3, 2021 order. /David J. Schenck/ DAVID J. SCHENCK JUSTICE 210762F.P05 –2–
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
