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In re Shaver

Court of Appeals of Texas, Fifth District, Dallas
Feb 16, 2011
No. 05-10-01661-CV (Tex. App. Feb. 16, 2011)

Opinion

No. 05-10-01661-CV

Opinion Filed February 16, 2011.

Original Proceeding from the 254th Judicial District Court Dallas County, Texas, Trial Court Cause No. 10-09755.

Before Justices MOSELEY, FRANCIS, and FILLMORE.


MEMORANDUM OPINION


Relator contends the trial court erred in granting a bill of review and reinstating this case. 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, which was received by this Court on February 3, 2011. Therefore, we conclude that we cannot provide relator with the relief she 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.


Summaries of

In re Shaver

Court of Appeals of Texas, Fifth District, Dallas
Feb 16, 2011
No. 05-10-01661-CV (Tex. App. Feb. 16, 2011)
Case details for

In re Shaver

Case Details

Full title:IN RE JENNIFER SHAVER, Relator

Court:Court of Appeals of Texas, Fifth District, Dallas

Date published: Feb 16, 2011

Citations

No. 05-10-01661-CV (Tex. App. Feb. 16, 2011)