In Re: Volt Power, LLC v. the State of Texas

NO. 12-23-00047-CV
IN THE COURT OF APPEALS
TWELFTH COURT OF APPEALS DISTRICT
TYLER, TEXAS

IN RE: §

VOLT POWER, LLC, § ORIGINAL PROCEEDING

RELATOR §

MEMORANDUM OPINION
PER CURIAM
Volt Power, LLC filed this original proceeding to challenge Respondent’s order granting
a motion to compel production filed by Real Party in Interest, Quandel Ray Morgan. 1 On April
5, 2023, this Court conditionally granted the petition in part and directed Respondent to vacate
only that portion of his January 3, 2023, order compelling responses to Requests 83, 85, and 91
from Morgan’s first request for production, and in its stead, to issue an order imposing limits on
these requests and compelling Volt to respond to the production requests as limited. We denied
Volt’s petition in all other respects. By an order signed on April 13, Respondent complied with
this Court’s opinion and order, rendering this proceeding moot. Accordingly, we dismiss the
petition for writ of mandamus as moot.
Opinion delivered April 20, 2023.
Panel consisted of Worthen, C.J., Hoyle, J., and Neeley, J.

1
Respondent is the Honorable Dean Fowler, Judge of the 115th District Court in Upshur County, Texas. In
addition to Morgan, Jared Shane Henderson and Betty Holcomb are the Real Parties in Interest.
COURT OF APPEALS
TWELFTH COURT OF APPEALS DISTRICT OF TEXAS
JUDGMENT

APRIL 20, 2023

NO. 12-23-00047-CV

VOLT POWER, LLC,
Relator
V.

HON. DEAN FOWLER,
Respondent

ORIGINAL PROCEEDING

ON THIS DAY came to be heard the petition for writ of mandamus filed by Volt
Power, LLC; who is the relator in appellate cause number 12-23-00047-CV and the defendant in
trial court cause number 587-19, pending on the docket of the 115th Judicial District Court of
Upshur County, Texas. Said petition for writ of mandamus having been filed herein on February
9, 2023, and the same having been duly considered, because it is the opinion of this Court that
the writ should not issue, it is therefore CONSIDERED, ADJUDGED and ORDERED that the
said petition for writ of mandamus be, and the same is, hereby dismissed as moot.
By per curiam opinion.
Panel consisted of Worthen, C.J., Hoyle, J. and Neeley, J.