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In re Becker

Court of Appeals of Texas, First District, Houston
Apr 21, 2011
No. 01-10-00917-CV (Tex. App. Apr. 21, 2011)

Summary

dismissing mandamus proceedings as moot because "subject orders are no longer in effect"

Summary of this case from In re Diaz

Opinion

No. 01-10-00917-CV

Opinion issued April 21, 2011.

Original Proceeding on Petition for Writ of Mandamus.

Panel consists of Justices JENNINGS, HIGLEY, and BROWN.


MEMORANDUM OPINION


Relator, Christian Miles Becker, has filed a petition for writ of mandamus challenging several of the trial court's orders in the underlying suit to modify the parent-child relationship between relator and his daughter. The challenged orders include temporary orders modifying relator's possession of and access to his child, an order denying his special appearance and plea to the jurisdiction, and an order denying his motion for reconsideration. We dismiss relator's petition for writ of mandamus as moot.

The underlying case is styled In the Interest of E.L.B., Minor Child, No. 2010-28443 in the 308th District Court of Harris County, Texas, the Honorable James Lombardino presiding.

The subject orders were signed by the Honorable Georgia Dempster, who no longer presides over the 308th District Court, and the Honorable James Lombardino now presides over the 308th District Court. Pursuant to relator's request, we abated this mandamus proceeding in order to allow Judge Lombardino to reconsider Judge Dempster's rulings. See TEX. R. APP. P. 7.2(b) ("If the case is an original proceeding under Rule 52, the court must abate the proceeding to allow the successor to reconsider the original party's decision."). Judge Lombardino has since vacated all orders issued in the underlying suit and dismissed it for want of jurisdiction. Because the underlying suit has been dismissed and the subject orders are no longer in effect, the issues raised in the petition are moot. See In re Campbell, 106 S.W.3d 788, 788 (Tex. App.-Texarkana 2003, orig. proceeding).

Accordingly, we reinstate the mandamus proceeding and dismiss relator's petition as moot. We also dismiss all outstanding motions as moot and vacate our order granting relator temporary relief.


Summaries of

In re Becker

Court of Appeals of Texas, First District, Houston
Apr 21, 2011
No. 01-10-00917-CV (Tex. App. Apr. 21, 2011)

dismissing mandamus proceedings as moot because "subject orders are no longer in effect"

Summary of this case from In re Diaz

dismissing mandamus proceedings as moot because the "subject orders are not longer in effect"

Summary of this case from In re Lloyds
Case details for

In re Becker

Case Details

Full title:IN RE CHRISTIAN MILES BECKER, Relator

Court:Court of Appeals of Texas, First District, Houston

Date published: Apr 21, 2011

Citations

No. 01-10-00917-CV (Tex. App. Apr. 21, 2011)

Citing Cases

In re Sunbelt Rentals, Inc.

Accordingly, the petition is moot. See In re Becker, No. 01-10-00917-CV, 2011 WL 1588520, at *1 (Tex.…

In re Lloyds

We do not have jurisdiction over moot orders. E.g., FDIC v. Nueces Cnty., 886 S.W.2d 766, 767 (Tex. 1997);…