## NO. 12

- 23

- 00275 -CV
I N THE COUR T OF APPEALS
TW ELFTH COURT OF APPEALS DISTRICT
TY LER, TEXAS

IN RE:
NA NCI WRIGHT , REL ATOR § § § OR IGINAL PROC EEDING

MEMORANDUM OPINION Relator Nanci Wright filed a petition for writ of mandamus, in which she asserted that the trial court abused its discretion by ordering that she appear for a presuit oral deposition to enable Real Party in Interest CHSR Properties, LLC (“CHSR”) to inv estigate a potent ial claim against her. R espondent is the Honorable Debby Gunter, Judge of the 241st Judicial District Court of Smith County, Texas. We conditionally grant the writ. In its response to Wri ght’s petition, CHSR represents to this court as follows:

[R ]eal Party in [I] nterest [] withdraws its Petition for Depositio n Before Suit Pursuant to Rule 202 to Investigate Potential Claim or Suit filed on June 20, 2023 [,] in CHSR Properties, LLC, Deriva tively on Behalf of Aria Village, LLC v. Nanci Wr ight , Cause No. 23

- 1486

- C, 241st Judicial District, Smith Count y, Texas. CH SR Properties, LLC intends to file suit against Nanci Wright in the immediate future and will seek her deposition in the suit filed

.

T his Court cannot decide a case that has beco me moot. See Heckman v. Williamson Cty. , 369 S.W.3d 137, 162 (Tex. 2012); s ee also In re Prosperity Bank , No. 01 -22-00382- CV, 2022 WL 2919941, at *1 (Tex. App.

– Houston [1st Dist.] July 26, 2022, orig. proce eding) (mem. op.); In re Salverson , No. 01 -12-00384- CV, 2013 WL 557264, at *1 (Tex. App.

– Houston [1st Dist.] Feb . 14, 2013, o rig. proceeding) (mem. op.) (“If a proceeding becomes moot, the court must dismiss the proceeding”). However, despite CHSR’s repre sentation, there is no evidence in the record tha t Respondent has withdrawn the order of which Wright complains.2 Based on CHSR’s represe ntation to this court that it “withdraws” its petition to take Wright’s deposition pursuant to Texas Rule of Civil Procedure 202, we conditionally grant mandamus relief. We trust that Respondent will promptly vacate her order of September 1 5 , 2023 , in which she granted CHSR’s motion to take Wright’s pretrial deposition pursuant to Rule 202 . The writ will issue only if Respondent fails to comply with this court’s opin ion and order within ten days. Res pondent shall furnish this court, within t he time for compliance with this court’s opinion and order, a certified copy of her order evidencing such compliance.

J AMES T. W OR THEN Chief Justice
O pinion delivered November 21, 2023. Panel consisted of Worthen, C.J., Hoyle, J., and Neeley, J.

## COURT OF APPEALS
TW ELFTH COURT OF APPEALS DISTRICT OF TEXAS
O RDER

NO V EMB ER 21, 2023

NO
. 12-23-00275- CV

NANCI WRIG HT , R elator v. HON. JUDGE DEBBY GUNTER , Respondent

O RIGINAL P ROCEEDING ON THIS DAY came to be heard the petition for writ of mandamus filed by Nanci Wright; who is the relator in appellate cause number 12-23-00275- CV and the defendant in trial court caus e number 23-1486- C, pending on the docket of the 241st Judicial District Co urt of Smith County, Texas

. Said petiti on for writ of mandamus having been filed herein on October 25, 2023, and the same having been duly considered, because Real Party in Interest , CHSR Properties, LLC, has set forth its intention to this court that its motion to take a pretrial deposition of Wright pursuant to Texas Rule of Civil Procedure 202, which is the subject of this proceeding , be withdrawn, it is the opinion of this Court that the petition for writ of mandamus should be conditionally granted, and it is therefore CONSIDERE D, ADJU DGED, AND ORDERED that said petition for writ of mandamus be, and the same is, hereby conditionally granted

.A nd because it is further the opinion o f this Court that the trial judge will act promptly and issue an order vac a ting its order of September 15, 2023, which granted CHSR Properties, LLC’s motion to take Wright’s pretrial deposition pursuant to Texas Rule of Civil Pro cedure 202, the writ will n ot issue unless the Honorable Debby Gunter, Judge of the 241st Judicial Dis trict Court of Smith C ounty, Texas fails to do so within ten (10) days from the date of this order. It is further ORDERED that all c osts of this proceeding are hereby adjudged agai nst Real Party in Interest, CHSR Properties, LLC.

J ames T. Worthen , Ch ief Justice

. Panel consisted of Worthen , C.J., Hoyle, J., and Neeley, J.