Opinion
01-23-00641-CV
09-12-2023
In re Leo Lapuerta, M.D., F.A.C.S. and The Plastic Surgery Institute of Southeast Texas, P.A.
113th District Court of Harris County Trial court case No: 2018-28993
ORDER
Amparo Guerra, Judge
On August 31, 2023, relators Leo Lapuerta, M.D., F.A.C.S. and The Plastic Surgery Institute of Southeast Texas, P.A. filed a petition for a writ of mandamus. In their mandamus petition, relators argued that the trial court's June 6, 2023 order granting the motion for new trial of real party in interest, Jose Torres was "deficient on its face . . . for failing to include any explanation of the reasons why [the trial court] granted new trial following the jury's verdict in favor of [relators] and the take-nothing Final Judgment." Relators requested that this Court grant mandamus relief and "direct [the trial court] to vacate and set aside [its] June 6, 2023 Order Granting Plaintiff's Motion for New Trial and direct[] [the trial court] to either deny the Motion for New Trial . . . or sign an amended new trial order that comports with Texas law."
In connection with its petition for writ of mandamus, relators filed an "Unopposed Motion for Immediate Temporary Relief." In their motion, relators requested "a temporary stay of all underlying suit proceedings, including the September 18, 2023 trial setting" pending this Court's review of relators' mandamus petition. Relators argued that the stay was necessary to "preserve the status quo . . . protect the Court's jurisdiction and prevent the issues presented from becoming moot." On September 1, 2023, the Court granted, in part, relators' motion for temporary relief, staying the September 18, 2023 trial setting of the underlying suit.
On September 5, 2023, relators filed an "Unopposed Motion for Leave to Amend Petition for Writ of Mandamus." In their motion for leave, relators state that, after filing their mandamus petition, the trial court entered an "Amended Order Granting [Torres's] Motion for New Trial, setting out [the trial court's] reasons for granting new trial." Accordingly, relators note, "the relief originally sought by [r]elators in their Petition and Motion for Immediate Temporary Relief is now moot."
Relators therefore request that the Court grant them "leave to file an Amended Petition for Writ of Mandamus" challenging the trial court's amended new trial order. Relators' motion contends that the amended new trial order "is based on the erroneous inclusion of an instruction" related to the jury charge. However, relators further note that their amended mandamus petition cannot be filed until they receive the "completed [reporter's [r]ecord from the January 2023 trial (including the two post-judgment hearings)." Relators further note that they have requested the reporter's record from trial, but "have not received" the complete record.
As noted in relators' motion, the trial court has entered an amended new trial order "setting out [the trial court's] reasons for granting a new trial." This is the relief requested in relators' mandamus petition, rendering this original proceeding moot. See In re Campos, No. 01-21-00247-CV, 2022 WL 3650129, at *1 (Tex. App.-Houston [1st Dist] Aug. 25, 2022, orig. proceeding) (per curiam) (dismissing mandamus petition as moot where relators "received the relief requested in their mandamus petition" pursuant to subsequent trial court action). Accordingly, relators' motion for leave to file an amended petition for writ of mandamus is denied.
It is so ORDERED.