7-Eleven, Inc. d/b/a Stripes and Sandra Uribe filed a petition for writ of mandamus in the Texas Court of Appeals, Thirteenth District, challenging the trial court’s decision to vacate previously rendered summary judgments in their favor. The relators contended the trial court had abused its discretion in vacating those judgments.
The appellate court dismissed the petition for writ of mandamus as moot. After the relators advised the court that the underlying matter had been completely settled, the court found the original proceeding had been rendered moot and therefore lacked justiciability. The court cited controlling Texas precedent establishing that settlement renders appellate proceedings moot when the relief sought becomes impossible or unavailable.
This decision reinforces the mootness doctrine in Texas appellate practice: when parties settle their dispute, appellate courts lack the authority to issue writs of mandamus or other relief, as the controversy no longer exists. For practitioners, this underscores the importance of notifying appellate courts immediately upon settlement to preserve judicial resources and obtain prompt dismissal of pending petitions.