In re 7-Eleven, Inc. d/b/a Stripes and Sandra Uribe

Summary

The Thirteenth Court of Appeals of Texas considered a petition for writ of mandamus seeking rulings on 7-Eleven’s motions for severance and Sandra Uribe’s motion to dismiss under Texas Rule of Civil Procedure 91a. The court dismissed the severance-related claims as moot because the trial court had subsequently denied the severance motion. It conditionally granted mandamus relief concerning the Rule 91a motion and directed the trial court to promptly issue a ruling.

Holdings

1. The portion of the mandamus petition challenging the trial court's failure to rule on 7-Eleven's severance motions was moot because the trial court subsequently denied those motions.
2. A trial court has an affirmative duty under Texas Rule of Civil Procedure 91a.3 to grant or deny a Rule 91a motion within forty-five days after filing.
3. Uribe was entitled to mandamus relief because she properly filed the motion, procured a hearing addressing its merits, and the trial court failed to rule within the forty-five-day period and within a reasonable time.

Questions Presented

1. Whether the portion of the mandamus proceeding concerning 7-Eleven's motions for severance became moot after the trial court denied the renewed severance motion.
2. Whether the trial court abused its discretion by failing to rule on Uribe's Rule 91a motion to dismiss within a reasonable time.
3. Whether Uribe established the requirements for mandamus relief based on the trial court's failure to rule.

Disposition

writ_granted