Opinion
01-22-00516-CV
06-29-2023
IN RE FRANK POWELL AND EVANS AND POWELL, PLLC, Relators
Original Proceeding on Petition for Writ of Mandamus
Panel consists of Justices Kelly, Landau, and Hightower.
MEMORANDUM OPINION
PER CURIAM
Relators Frank Powell and Evans and Powell, PLLC, have filed a petition for writ of mandamus, challenging the Harris County District Clerk's failure to forward their notice of appeal from the trial court's September 3, 2022 order to this Court.Relators also filed a motion for sanctions against attorney Nicolas M. Bruno, who represents real party in interest, Kevin Alan Fletcher. Because relators subsequently advised this Court that the Harris County District Clerk had forwarded the notice of appeal to this Court, we issued a notice on May 23, 2023, advising relators that unless they filed a response on or before June 2, 2023 establishing that this proceeding was not moot, the Court might dismiss the proceeding. No response was filed.
The underlying case is In the Interest of H.A.F. and C. P. F., Children, cause number 2018-67151, pending in the 257th District Court of Harris County, Texas, the Honorable Sandra Peake presiding.
"A case becomes moot when (1) a justiciable controversy no longer exists between the parties, (2) the parties no longer have a legally cognizable interest in the case's outcome, (3) the court can no longer grant the requested relief or otherwise affect the parties' rights or interests, or (4) any decision would constitute an impermissible advisory opinion." Elec. Reliability Council of Tex., Inc. v. Panda Power Generation Infrastructure Fund, LLC, 619 S.W.3d 628, 634-35 (Tex. 2021). Because relator has received the relief it sought in the mandamus petition, a controversy no longer exists and we must dismiss the petition as moot. See In re Herring, No. 01-14-00989-CV, 2015 WL 4099718, at *1 (Tex. App.-Houston [1st Dist.] July 7, 2015, orig. proceeding).
The petition is dismissed as moot. The motion for sanctions is denied. Any other pending motions are dismissed as moot.