In Re Jason Joseph Laubenstein v. the State of Texas

Motion to Stay Dismissed; Petition for Writ of Mandamus Dismissed and
Memorandum Opinion filed October 4, 2024.

In The

Fourteenth Court of Appeals

NO. 14-24-00723-CV

IN RE JASON JOSEPH LAUBENSTEIN, Relator

ORIGINAL PROCEEDING
WRIT OF MANDAMUS
152nd District Court
Harris County, Texas
Trial Court Cause No. 2020-37737

MEMORANDUM OPINION

On October 2, 2024, relator Jason Joseph Laubenstein filed a petition for
writ of mandamus and a motion to stay in this Court. See Tex. Gov’t Code Ann. §
22.221; see also Tex. R. App. P. 52. In the petition, relator asks this Court to
compel the Honorable Robert Schaffer, presiding judge of the 152nd District Court
of Harris County, to rule on relator’s motion to dismiss for lack of jurisdiction.
On October 2, 2024, counsel for relator notified this Court by letter that
respondent ruled on the pending motion. According to relator, “[b]ecause the
ruling has occurred, it appears that the mandamus petition is now 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). We dismiss relator’s
petition for writ of mandamus as moot. We also dismiss relator’s motion to stay as
moot.

PER CURIAM

Panel consists of Justices Jewell, Bourliot, and Zimmerer.

2