Opinion
01-23-00340-CV
06-01-2023
Original Proceeding on Petition for Writ of Mandamus
Panel consists of Justices Goodman, Landau, and Rivas-Molloy.
MEMORANDUM OPINION
PER CURIAM
On May 9, 2023, Relators Wal-Mart Stores Texas, LLC And Terry Ray Baker ("Relators") filed a Petition for Writ of Mandamus asking this Court to compel Respondent, the Honorable Ursula A. Hall ("Respondent"), to rule on their Motion to Compel the Independent Medical Exam of Plaintiff Tomlee Thomas, originally set for submission on September 2, 2019. The following week, on May 16, 2023, Relators filed a Motion to Dismiss their Petition for Writ of Mandamus for Mootness, noting that after they filed their Petition for Writ of Mandamus, Respondent ruled on their underlying Motion to Compel.
The underlying case is Tomlee Thomas v. Terry Ray Baker, Betty Lee Kemp, and Wal-Mart Stores Texas, LLC, Cause No. 2018-55025, pending in the 165th District Court of Harris County, Texas, the Honorable Ursula A. Hall presiding.
We grant Relators' Motion to Dismiss and dismiss their Petition for Writ of Mandamus as moot. All other pending motions are denied as moot.