In Re National Fire & Marine Insurance Company v. the State of Texas

Motion to Dismiss Granted; Motion for Temporary Relief Dismissed as Moot;
Petition for Writ of Mandamus Dismissed and Memorandum Opinion filed
September 11, 2024.

In The

Fourteenth Court of Appeals

NO. 14-24-00643-CV

IN RE NATIONAL FIRE & MARINE INSURANCE COMPANY, Relator

ORIGINAL PROCEEDING
WRIT OF MANDAMUS
55th District Court
Harris County, Texas
Trial Court Cause No. 2020-64224

MEMORANDUM OPINION

On September 3, 2024, relator National Fire & Marine Insurance Company
filed a petition for writ of mandamus in this court.1 See Tex. Gov’t Code Ann.
§ 22.221; see also Tex. R. App. P. 52. In the petition, relator asks this court to
1
While relator is represented by members of the State Bar of Texas, we note that relators also list
out-of-state counsel who do not appear to have been admitted pro hac vice in this proceeding. Because
this proceeding is moot, it is not necessary to require those counsel to file the appropriate pro hac vice
motions.
compel the Honorable Latosha Lewis Payne, presiding judge of the 55th District
Court of Harris County, to rule on pending motions for summary judgment.

Respondent ruled on relator’s pending motion for summary judgment. On
September 9, 2024, relator filed a motion to dismiss its petition for writ of
mandamus as moot. A petition for a writ of mandamus for failure to rule is
dismissed as moot when the trial court rules after the petition for writ of mandamus
is filed. See In re 4KBC Trucking, LLC, No. 14-23-00675-CV, 2023 WL 7141209,
at *1 (Tex. App.—Houston [14th Dist.] Oct. 31, 2023, orig. proceeding).

Accordingly, we grant relator’s motion to dismiss. We dismiss relator’s
petition for writ of mandamus as moot. We dismiss as moot relator’s petition for
temporary relief.

PER CURIAM

Panel consists of Justices Spain, Poissant, and Wilson.

2