Full Opinion

NUMBER 13-26-00712-CV COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI – EDINBURG IN RE D. WILSON CONSTRUCTION CO. ON PETITION FOR WRIT OF MANDAMUS MEMORANDUM OPINION Before Chief Justice Tijerina and Justices Cron and Fonseca Memorandum Opinion by Justice Fonseca1 Relator D. Wilson Construction Co. filed a petition for writ of mandamus seeking to compel the trial court to grant relator’s motion to dismiss a petition seeking presuit discovery under Texas Rule of Civil Procedure 202. See TEX. R. CIV. P. 202. This Court ordered the real parties in interest, Jack Casso, Ruben Cavazos, Ramon Dones, Vicki 1 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. When granting relief, the court must hand down an opinion as in any other case.”); id. R. 47.4 (distinguishing opinions and memorandum opinions). Eckenrode, Norma Irene Espinoza, Marisela Frith-Smith, David Hill, Tommy King, Norma Lerma, Julio Lopez, Sylvia Perez, Horacio Quintero, Janet Schroeder, and Terry Shropshire, and any others whose interests may be affected by the relief sought, to file a response to the petition for writ of mandamus. See TEX. R. APP. P. 52.2, 52.4, 52.8. However, the real parties in interest have now informed us that on October 15, 2026, they filed a “Notice of Non-Suit Without Prejudice” in the underlying proceedings advising the trial court that they “no longer wish to pursue” their petition for the presuit deposition of relator’s corporate representative. The Court, having examined and fully considered the petition for writ of mandamus and the notice filed by the real parties in interest, is of the opinion that this original proceeding has been rendered moot. See In re Cont. Freighters, Inc., 646 S.W.3d 810, 813 (Tex. 2022) (orig. proceeding) (per curiam); Heckman v. Williamson County, 369 S.W.3d 137, 162 (Tex. 2012); In re Kellogg Brown & Root, Inc., 166 S.W.3d 732, 737 (Tex. 2005) (orig. proceeding). Accordingly, we dismiss the petition for writ of mandamus as moot. YSMAEL D. FONSECA Justice Delivered and filed on the 26th day of October, 2026. 2