Opinion
No. 05-06-01491-CV.
Opinion issued January 4, 2007.
Original Proceeding from the 302nd Judicial District Court Dallas County, Texas Trial Court Cause No. DF03-22213-U.
Before Justices MOSELEY, BRIDGES, and FRANCIS.
MEMORANDUM OPINION
Pending before this Court is relator's petition for writ of mandamus regarding a post-judgment order of the trial court in cause no. DF03-22213-U. This cause was originally tried in the 302nd Judicial District Court in Dallas County, Texas. Relator's notice of appeal of the final judgment was filed on May 15, 2006 with this Court. However, the appeal of cause no. DF03-22213-U was assigned under the Equalization of Dockets to the Eighth District Court of Appeals in El Paso on June 6, 2006. On November 2, 2006, relator Claire Phillips filed a petition for writ of mandamus in this Court regarding an October 4, 2006 order on motion for delivery of funds. In her petition, she stated that she also had filed a petition for writ of mandamus with the Eighth District Court of Appeals.
By order issued December 12, 2006, we directed the relator to confirm that the petition pending with the Eighth District Court of Appeals is identical to the petition pending before this Court and to provide status information regarding the petition pending with the Eighth District. By letter dated December 15, 2006, relator stated that the "relief requested in both petitions is identical." Relator filed with this Court a copy of the Eighth District Court of Appeals' November 30, 2006 order which states:
The Court has this day considered Relator's petition for writ of mandamus and is of the opinion that the Court has jurisdiction pursuant to Section 22.221(a) of the Texas Government Code to hear the issues raised in the petition. The case will be submitted with oral argument at a later date. Further, on its own motion, the Court has determined that the mandamus proceeding should be consolidated with a related direct appeal, Claire Phillips v. Troy D. Phillips (cause number 08-06-00171-CV) for purposes of oral argument. A submission date will be determined after the parties have filed their respective briefs. The parties will be provided with advance notice of the setting.
In light of the Eighth District Court of Appeals' determination that it has jurisdiction over the petition for writ of mandamus pursuant to Section 22.221(a) of the Texas Government Code, we DISMISS our pending petition for writ of mandamus without consideration of the merits and in the interest of judicial comity.