In re DD&S Logistics, Inc. and Jeffery Record Appeal from 234th District Court of Harris County (memorandum opinion per curiam)
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Opinion issued October 12, 2021 In The Court of Appeals For The First District of Texas ———————————— NO. 01-21-00267-CV ——————————— IN RE DD&S LOGISTICS, INC. AND JEFFERY RECORD, Relators Original Proceeding on Petition for Writ of Mandamus MEMORANDUM OPINION On May 24, 2021, relators, DD&S Logistics, Inc. and Jeffery Record, filed a petition for writ of mandamus.* On June 18, after we requested a response and granted a stay of the underlying proceedings, relators notified the Court that the underlying case had been resolved and that they would seek to dismiss their petition. * The underlying case is Robert Wooten v. DD&S Logistics, Inc., Jeffery Record, and William Fry., cause number 2019-78045, pending in the 234th District Court of Harris County, Texas, the Honorable Lauren Reeder presiding. On September 28, relators filed a motion to dismiss, stating that the parties resolved their dispute and that their petition for writ of mandamus is now moot. Although relators failed to include a certificate of conference in their motion, relators’ motion includes a certificate of service, more than 10 days have passed since the motion was filed, and no party has responded to the motion. See TEX. R. APP. P. 10.1(a)(5), 10.3(a). Accordingly, we withdraw our June 8, 2021 order granting a stay, grant relators’ motion, and dismiss the petition for writ of mandamus. See TEX. R. APP. P. 42.1(a)(1), 52.8(a). We dismiss any pending motions as moot. PER CURIAM Panel consists of Chief Justice Radack and Justices Rivas-Molloy and Guerra. 2
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