IN RE: Texas Racing Commission (2016)

MEMORANDUM OPINION

By petition for writ of mandamus, relator Texas Racing Commission (“Commission”), sought to vacate a February 8, 2016 temporary restraining order preventing the Commission from voting on the repeal of the Historical Racing Rules.  By previous order, this Court abated this case under Texas Rule of Appellate Procedure 7.2.  See Tex.R.App. P. 7.2(a).  Currently before the Court is the Commission's request to reinstate this original proceeding and dismiss it as moot.  According to the Commission, it “took the vote that is the subject matter of this original proceeding” and “there is no longer a dispute.”

The Court, having examined and fully considered the petition for writ of mandamus and the Commission's request to dismiss this original proceeding, is of the opinion that this matter has been rendered moot.  See In re Kellogg Brown & Root, Inc., 166 S.W.3d 732, 737 (Tex.2005) (orig.proceeding) (“A case becomes moot if a controversy ceases to exist between the parties at any stage of the legal proceedings ․”);  State Bar of Tex. v. Gomez, 891 S.W.2d 243, 245 (Tex.1994) (stating that, for a controversy to be justiciable, there must be a real controversy between the parties that will be actually resolved by the judicial relief sought).  Accordingly, the Court REINSTATES this case, WITHDRAWS its previous orders, GRANTS the Commission's request to dismiss this case, and DISMISSES the petition for writ of mandamus as moot.  See Tex.R.App. P. 52.8(a).  Any pending matters are likewise DISMISSED as moot.

FOOTNOTES

FOOTNOTE.  

Memorandum Opinion Per Curiam 1 FN1.  See Tex.R.App. P. 52.8(d) (“When denying relief, the court may hand down an opinion but is not required to do so.”);  Tex.R.App. P. 47.4 (distinguishing opinions and memorandum opinions).