In Re City of Houston v. the State of Texas

Opinion issued October 7, 2025

In The

Court of Appeals
For The

First District of Texas
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NO. 01-25-00669-CV
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IN RE CITY OF HOUSTON, Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

On August 25, 2025, relator City of Houston filed a petition for writ of

mandamus requesting that our Court compel the trial court to (1) vacate its order

granting real party in interest Sandra Francis’s motion for leave to conduct

discovery; (2) rule on Kitwana Harvell’s Rule 91a motion to dismiss; and (3) rule

on the City’s motion for summary judgment on grounds of governmental immunity.1

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The underlying case is Sandra Francis v. Kitwana Harvell and City of Houston,
Texas, cause number 2025-07910, pending in the 113th District Court of Harris
County, Texas, the Hon. Rabeea Sultan Collier presiding.
On September 24, 2025, the City filed a brief containing a request that our

Court dismiss its mandamus petition and related motion for temporary relief,

averring that both the petition and motion have been rendered moot by developments

in the case. Construing the City’s filing as a motion for voluntary dismissal of its

mandamus petition, we grant the request and dismiss the petition. Any pending

motions are dismissed as moot, and we lift the temporary stay imposed by our

August 26, 2025 order.

PER CURIAM

Panel consists of Justices Rivas-Molloy, Gunn, and Caughey.

2