IN RE: WELLS FARGO BANK (2017)

MEMORANDUM OPINION

Relator Wells Fargo Bank, N.A. filed a petition for writ of mandamus in the above cause seeking to compel the trial court to vacate a discovery order requiring it to produce “confidential records concerning unrelated, non-party customers ․ that are protected from disclosure under ․ the [Texas] Finance Code” and requiring relator to “respond to overly broad discovery requests that seek information which is neither relevant nor ² calculated to lead to the discovery of admissible evidence.” See TEX. FIN. CODE ANN. § 59.006 (West, Westlaw through 2015 R.S.). Relator and the real parties in interest, Rogelio Rodriguez and Daniela Rodriguez, have now filed a joint motion to dismiss this original proceeding on grounds that they have settled the underlying dispute and this petition for writ of mandamus has been rendered moot.

The Court, having examined and fully considered the joint motion to dismiss, is of the opinion that it should be GRANTED. 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.”); Heckman v. Williamson Cnty., 369 S.W.3d 137, 162 (Tex. 2012) (“Put simply, a case is moot when the court's action on the merits cannot affect the parties' rights or interests.”). Accordingly, we lift the stay previously imposed in this cause, GRANT the joint motion to dismiss, and DISMISS this original proceeding as moot. See TEX. R. APP. P. 52.8(a); id. R. 52.10(b).

FOOTNOTES

2.   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).

GINA M. BENAVIDES, Justice