Opinion

In Re Real Estate LLC and Michell "Shelly" Scanlin v. the State of Texas

Court
Texas Court of Appeals, 1st District (Houston)
Filed
May 29, 2025
Status
Published
Cited by
0 cases

The opinion

Opinion issued May 29, 2025

In The

Court of Appeals

For The

First District of Texas

————————————

NO. 01-25-00067-CV

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IN RE REAL ESTATE LLC AND MICHELL “SHELLY” SCANLIN,

Relators

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

Relators, Real Estate LLC and Michelle Scanlin, filed a mandamus petition

challenging an August 9, 2024 order awarding attorney’s fees and requiring

satisfaction of the award prior to entry of final judgment.1 Because the challenged

1

The underlying case is Styled Real Estate, LLC and Michelle “Shelly” Scanlin v.

Savannah Lacey Manhold, Sarah Cruse, and Lauren Price LaRoche, and Chance

Brown Real Estate, LLC, cause number 2021-03329, pending in the 215th District

Court of Harris County, Texas, the Honorable Nathan Milliron presiding.

order was issued by the former trial court judge, this original proceeding was abated

to allow the successor trial court judge to reconsider the order. See TEX. R. APP. P.

7.2(b). On April 13, 2025, the successor trial court judge granted reconsideration

and vacated the August 9, 2024 order “in its entirety, subject to further order of this

Court.” On May 6, 2025, Relators filed a written notice advising our Court of the

successor trial court judge’s order and requesting that our Court “render any order

or judgment that it determines is required or proper under the circumstances, both in

this cause and in the related appeal, docketed as cause number 01-24-00661-CV.”

Accordingly, we reinstate this original proceeding on the Court’s active

docket and dismiss the petition for writ of mandamus as moot. See In re Kapur, No.

01-24-00918-CV, 2025 WL 626187, at *1 (Tex. App.—Houston [1st Dist.] Feb. 27,

2025, orig. proceeding) (mem. op.) (dismissing mandamus petition as moot where

successor trial court judge vacated challenged order). We further dismiss any

pending motions as moot.

PER CURIAM

Panel consists of Chief Justice Adams and Justices Caughey and Johnson.

2

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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