From Casetext: Smarter Legal Research

In re Gomez

Court of Appeals of Texas, Third District, Austin
Nov 3, 2021
No. 03-21-00528-CV (Tex. App. Nov. 3, 2021)

Opinion

03-21-00528-CV

11-03-2021

In re Rodolfo C. Gomez


ORIGINAL PROCEEDING FROM COMAL COUNTY

Before Chief Justice Byrne, Justices Triana and Kelly

MEMORANDUM OPINION

Chari L. Kelly, Justice

Relator has filed a petition for writ of mandamus complaining of the trial court's failure to rule on his motion to dismiss the underlying criminal proceeding with cause number CR-2002-245. This Court subsequently received a supplemental record demonstrating the trial court has dismissed that proceeding. See In re Kellogg Brown &Root, Inc., 166 S.W.3d 732, 737 (Tex. 2005) (orig. proceeding) ("A case becomes moot if a controversy ceases to exist between the parties at any stage of the legal proceedings ...."); see also In re Martinez, No. 04-14-00293-CR, 2014 WL 2548571, at *1 (Tex. App.-San Antonio June 4, 2014, orig. proceeding) (per curiam) (mem. op.) (holding that a "failure to rule" issue becomes moot once the trial court has acted). Accordingly, we dismiss the petition for writ of mandamus as moot.


Summaries of

In re Gomez

Court of Appeals of Texas, Third District, Austin
Nov 3, 2021
No. 03-21-00528-CV (Tex. App. Nov. 3, 2021)
Case details for

In re Gomez

Case Details

Full title:In re Rodolfo C. Gomez

Court:Court of Appeals of Texas, Third District, Austin

Date published: Nov 3, 2021

Citations

No. 03-21-00528-CV (Tex. App. Nov. 3, 2021)