In re Andes Global Trading, LLC, Smithfield Foods, Inc., Smithfield Fresh Meats Corp., Smithfield Fresh Meats Sales Corp., and Smithfield Direct LLC v. the State of Texas

Summary

The Thirteenth Court of Appeals of Texas dismissed Andes Global Trading, LLC’s mandamus claims as moot after the trial court ruled on its special appearance. The court conditionally granted mandamus relief to Smithfield, concluding that the trial court had unreasonably delayed ruling on Smithfield’s special appearance, and directed the trial court to rule promptly.

Holdings

1. Andes's claims in the mandamus proceeding were moot because the trial court granted Andes's special appearance; the court therefore dismissed those claims.
2. A trial court has a ministerial duty to consider and rule on properly filed and pending motions, and mandamus may issue when the court fails or refuses to rule within a reasonable time.
3. The trial court's failure to rule on Smithfield's special appearance for more than two and a half years after the hearing was objectively unreasonable.
4. Smithfield lacked an adequate remedy by appeal for the trial court's failure to rule, satisfying the second prerequisite for mandamus relief.

Questions Presented

1. Whether the trial court abused its discretion by failing to rule on Smithfield's properly filed special appearance within a reasonable time.
2. Whether Smithfield lacked an adequate remedy by appeal, permitting mandamus relief.
3. Whether Andes's mandamus claims became moot after the trial court granted Andes's special appearance.

Disposition

writ_granted