in Re MTG Management, Inc. and Guy Oliver ( 2022 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-22-00733-CV
In re MTG Management, Inc. and Guy Oliver
ORIGINAL PROCEEDING FROM TRAVIS COUNTY
MEMORANDUM OPINION
Relators MTG Management, Inc., and Guy Oliver filed a petition for writ of
mandamus seeking to have this Court order the trial court to vacate its order compelling the
production of MTG’s general ledger. Relator MTG has informed this Court that it elected to
produce the general ledger at issue and that the dispute is now moot. We agree and, therefore,
dismiss this mandamus proceeding as moot. See Tex. R. App. P. 52.8; see also Heckman v.
Williamson Cnty., 369 S.W.3d 137, 162 (Tex. 2012) (explaining that “a case becomes moot if,
since the time of filing, there has ceased to exist a justiciable controversy between the parties,”
meaning that “the court’s action on the merits cannot affect the parties’ rights or interests”); In re
Kellogg Brown & Root, Inc., 166 S.W.3d 732, 737 (Tex. 2005) (noting that case becomes moot
if controversy ceases to exist between parties “at any stage of the legal proceedings”); Valley
Baptist Med. Ctr. v. Gonzalez, 33 S.W.3d 821, 822 (Tex. 2000) (concluding that discovery
dispute “became moot when” party “complied with the trial court’s discovery order”); In re
Smith Cnty., 521 S.W.3d 447, 454-55 (Tex. App.—Tyler 2017, orig. proceeding) (denying
mandamus petition as moot because granting requested relief would have no practical effect and
would “only amount to an advisory opinion”).
__________________________________________
Thomas J. Baker, Justice
Before Justices Goodwin, Baker, and Kelly
Filed: December 2, 2022
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