CARROZZELLA MD JCMD v. BIOTE MEDICAL LLC (2025)

ORDER

Respondent has filed a notice of nonsuit with prejudice of all its pending claims in this case. Petitioners’ response to the notice of nonsuit states that “[a]t this time, Petitioners are inclined to agree that BioTE's nonsuit moots this appeal” and “that the oral argument in this case, presently set for March 18, 2025, should likely be cancelled on account of mootness.” The parties are directed to file a joint status report reflecting the parties’ views of whether there is any reason that the Court should not: (1) cancel the currently scheduled oral argument; (2) render judgment dismissing the case as moot and vacating the judgments and orders of the court of appeals and the trial court in this case; and (3) vacate the opinion of the court of appeals under Morath v. Lewis, 601 S.W.3d 785 (Tex. 2020). If the parties’ views of these matters, or of any other matter relevant to the disposition of the case, are not in accord, the differences should be clearly reflected in the joint status report, which must be filed in this Court no later than 4:00 PM on Monday, March 10, 2025.

Done at the City of Austin, this 6th day of March, 2025.

/s/ Blake A. Hawthorne

Blake A. Hawthorne, Clerk

Supreme Court of Texas

By Claudia Jenks, Chief Deputy Clerk