In Re Yan Z. Zou and James Zou v. the State of Texas

Opinion issued May 5, 2026

In The

Court of Appeals
For The

First District of Texas
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NO. 01-26-00247-CV
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IN RE YAN Z. ZOU AND JAMES ZOU, Relators

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

Relators, Yan Z. Zou and James Zou, filed a petition for writ of mandamus

challenging two trial court orders, including (1) a February 12, 2026 “Order of

Turnover and Appointment of Receiver for James Zou” and (2) a February 27, 2026

order permitting real party in interest, Travis Vargo, the court-appointed receiver, to

sell property located at 17827 S. Blue Heron Circle, Montgomery, Texas 77316, in
connection with his efforts to satisfy the underlying trial court judgment.1 On April

21, 2026, relators filed a “Motion to Dismiss” their petition for writ of mandamus.

In their motion, relators requested that the “Court dismiss th[e] original proceeding

and take no further action.”

The motion includes a certificate of conference stating that real party in

interest, Todd Garrett, is agreed to the relief requested in the motion, but that relator

attempted to confer with real party in interest, Travis Vargo, and he had not

responded to advise relator if he was opposed to dismissal of the original proceeding.

See TEX. R. APP. P. 10.1(a)(5). However, more than ten days have passed, and no

party has responded to the motion. See TEX. R. APP. P. 10.3(a)(2).

We grant relators’ motion and dismiss relators’ petition for writ of mandamus.

We dismiss any pending motions as moot.

PER CURIAM

Panel consists of Chief Justice Adams and Justices Guerra and Guiney.

1
The underlying case is Todd Garrett v. James Zou a/k/a Jian Z. Zou a/k/a James J.
Zou a/k/a Jian Zhong Zou a/k/a Jianzhong Zou, Cause No. 2011-75656A, in the
133rd District Court of Harris County, Texas, the Honorable Nicole Perdue
presiding.

2