The opinion
Opinion issued January 19, 2023
In The
Court of Appeals
For The
First District of Texas
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NO. 01-22-00691-CV
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IN RE KNIGHT TRANSPORTATION, INC., KNIGHT REFRIGERATED
LLC, AND GANIFO SOUMAORO, RELATORS
Original Proceeding on Petition for Writ of Mandamus
MEMORANDUM OPINION
Relators, Knight Transportation, Inc., Knight Refrigerated LLC, and Ganifo
Soumaoro, filed a petition for writ of mandamus challenging the trial court’s order
denying their amended verified motion to dismiss for forum non conveniens.1 On
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The underlying case is Mark Morgan, Individually, Mark Morgan as the Personal
Representative of the Estate of Denise Phillips, and Robert Morgan v. Ganifo
Soumaoro, Knight Transportation, Inc., and Knight Refrigerated LLC, Cause No.
January 6, 2023, relators filed a notice of settlement and request to dismiss their
petition for writ of mandamus asserting that the parties have resolved their dispute.
We interpret relators’ notice as a motion to dismiss. Although relators failed to
include a certificate of conference with their motion, relators’ motion includes a
certificate of service, more than ten days have passed since the motion was filed,
and no party has responded to the motion. See TEX. R. APP. P. 10.1(a)(5), 10.3(a).
Accordingly, we grant relators’ motion and dismiss the petition for writ of
mandamus as 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.”). We withdraw
our stay order issued September 27, 2022. We dismiss any other pending motions
as moot.
PER CURIAM
Panel consists of Chief Justice Adams and Justices Countiss and Rivas-Molloy.
2021-63901, pending in the 270th District Court of Harris County, Texas, the
Honorable Dedra Davis presiding.
2