`
`
`
`In The
`
`Court of Appeals
`
`For The
`
`First District of Texas
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`————————————
`
`NO. 01-18-00251-CV
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`———————————
`
`IN RE NEPHROLOGY LEADERS AND ASSOCIATES, PLLC AND M.
`ATIQ DADA, MD, Relators
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`
`
`
`Original Proceeding on Petition for Writ of Mandamus
`
`
`MEMORANDUM OPINION
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`Relators, Nephrology Leaders and Associates, PLLC and M. Atiq Dada, MD,
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`filed a petition for writ of mandamus.1 Relators sought to vacate the Honorable
`
`
`1
`The underlying proceeding is Nephrology Leaders and Associates, PLLC and M.
`Atiq Dada, MD v. McGuireWoods LLP, Cause No. 2017-21479, in the 190th District
`Court, Harris County, the Honorable Beau Miller presiding. Relators’ prior
`interlocutory appeal challenging a March 13, 2018 sealing order for non-party
`American Renal Associates is pending under 01-18-00242-CV.
`
`
`
`
`
`Debra Ibarra Mayfield’s March 13, 2018 “Order Denying Plaintiffs’ Motion to
`
`Compel” and to direct the respondent to order the privileges asserted by real party
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`in interest McGuireWoods LLP waived or, alternatively, an order requiring
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`McGuireWoods LLP to produce a privilege log. After abating this case, a
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`supplemental clerk’s record was filed attaching a January 29, 2019 order, signed by
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`the new respondent, the Honorable Beau Miller, vacating the March 13, 2018 Order
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`and the related November 27, 2018 order denying relators’ motion for
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`reconsideration. See TEX. R. APP. P. 7.2(b). Then on February 26, 2019, a
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`supplemental clerk’s record was filed attaching the February 13, 2019 amended
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`order granting relators’ alternative motion to compel an amended privilege log from
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`McGuireWoods LLP.
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`The Clerk of this Court’s February 21, 2019 notice of intent to dismiss for
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`want of jurisdiction notified relators that this mandamus petition may be dismissed
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`for want of jurisdiction as moot unless they responded within ten days of that notice.
`
`See TEX. R. APP. P. 42.3(a); see, e.g., In re Jackson, No. 01–12–00020–CV, 2012
`
`WL 405707, at *1 (Tex. App.—Houston [1st Dist.] Feb. 9, 2012, orig. proceeding)
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`(mem. op.) (dismissing mandamus petition as moot after relator received relief
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`requested). On February 25, 2019, relators filed a letter in response agreeing with
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`the Clerk’s notice and consenting to the dismissal of its petition for want of
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`jurisdiction as moot.
`
`
`
`2
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`
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`Accordingly, the Court reinstates this case, construes relators’ letter as a
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`motion to dismiss, grants it, and dismisses this petition for want of jurisdiction as
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`moot. See TEX. R. APP. P. 42.3(a).
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`Panel consists of Justices Keyes, Higley, and Landau.
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`PER CURIAM
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`
`
`3
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`
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