Background
Relators TAC Total Automation Controls, Inc., TAC Insumos Industriales, S. de R. de R.L. de C.V., Carlos Pablo Lara Elias, and Luis Ernesto Martinez Ontiveros brought an original mandamus proceeding concerning contempt orders entered by the trial court.
On July 2, 2026, the court of appeals abated the proceeding so the trial court could consider the parties’ joint motion to vacate those orders. After reaching a settlement, the parties jointly obtained an order vacating the contempt orders. The relators then filed an unopposed motion asking the appellate court to lift the abatement and voluntarily dismiss the proceeding.
The Court’s Holding
The Texas Eighth Court of Appeals reinstated the mandamus proceeding and granted the relators’ motion to dismiss.
Because the trial court had vacated the contempt orders challenged in the mandamus petition and the parties had resolved their controversy, the appellate court held that the original proceeding was moot and dismissed it.
Key Takeaways
- A mandamus proceeding becomes moot when the challenged trial-court orders have been vacated and no live controversy remains.
- The court reinstated the previously abated proceeding before acting on the relators’ dismissal request.
- The dismissal followed a settlement, a joint motion in the trial court, and entry of an order vacating the contempt orders at issue.
Why It Matters
The decision illustrates that mandamus relief is unavailable once later trial-court action and the parties’ settlement eliminate the challenged orders. When the underlying dispute has been resolved, the appellate court may dismiss the original proceeding as moot rather than address the petition’s merits.