Opinion
No. 05-10-01622-CV
Opinion Filed February 16, 2011.
Original Proceeding from the 254th Judicial District Court Dallas County, Texas, Trial Court Cause No. 10-05601-R.
Before Justices MOSELEY, FRANCIS, and FILLMORE.
MEMORANDUM OPINION
Relator contends the trial court erred in ordering genetic testing in this case prior to ruling on his special appearance. The facts and issues are well known to the parties, so we need not recount them herein. This Court remanded this original proceeding to the 254th Judicial District Court to allow the successor judge to reconsider the original trial judge's decision. See Tex. R. App. P. 7.2(b). The relief requested by relator has been granted by the trial court's Order on Reconsideration of Trial Court's Prior Ruling, which was received by this Court on January 31, 2011. Therefore, we conclude that we cannot provide relator with the relief he seeks and that the issues presented in this petition are moot. See Dow Chem. Co. v. Garcia, 909 S.W.2d 503, 505 (Tex. 1995), In re Gill, No. 06-04-00090-CV, 2004 WL 1884498, at *1 (Tex. App.-Texarkana Aug. 24, 2004, orig. proceeding).
Accordingly, we REINSTATE the original proceeding, and we DISMISS relator's petition for a writ of mandamus.