Opinion
01-22-00353-CV
08-29-2023
IN RE DARLENE PAYNE SMITH, Relator
Original Proceeding on Petition for Writ of Mandamus
Panel consists of Justices Kelly, Landau, and Farris.
MEMORANDUM OPINION
PER CURIAM.
Relator Darlene Payne Smith filed a petition for writ of mandamus seeking to vacate the Honorable Michael Newman's April 22, 2022 order requiring Smith to post a bond on or before May 11, 2022 in the amount of $225,000 to secure the attorneys' fees of the real party in interest, Stephanie McGuire. This Court stayed the trial court's order pending disposition of the petition for writ of mandamus.
The underlying case is In the Guardianship of Lockie Goode, An Incapacitated Person, cause number 468981, pending in the Probate Court No. 2 of Harris County, Texas, the Honorable Pamela Medina presiding.
The Honorable Michael Newman was succeeded by the Honorable Pamela Medina and this Court issued an order on May 4, 2023, abating the proceeding and remanding to the trial court to permit the successor judge to reconsider the predecessor judge's ruling. See Tex. R. App. P. 7.2(b). On August 21, 2023, a supplemental clerk's record was filed containing an order signed by Judge Medina rescinding the April 22, 2022 order that was the subject of the petition for writ of mandamus.
"The mootness doctrine-a constitutional limitation founded in the separation of powers between the governmental branches-prohibits courts from issuing advisory opinions." Elec. Reliability Council of Tex., Inc. v. Panda Power Generation Infrastructure Fund, LLC, 619 S.W.3d 628, 634 (Tex. 2021). A case becomes moot when there is no longer a justiciable controversy between the parties. See id.
Because the trial court has rescinded the order that is the subject of the petition for writ of mandamus, the petition for writ of mandamus has been rendered moot. This Court cannot decide a case that has become moot. See Heckman v. Williamson Cty., 369 S.W.3d 137, 162 (Tex. 2012). Because relator has received the relief she requested in the petition for writ of mandamus, the petition is moot and must be dismissed. See In re Johnson, 599 S.W.3d 311, 312 (Tex. App.-Dallas 2020, orig. proceeding); In re Jackson, No. 01-12-00020-CV, 2012 WL 405707, at *1 (Tex. App.-Houston [1st Dist.] Feb. 9, 2012, orig. proceeding) (mem. op.) (dismissing mandamus petition once relator received relief sought in petition); In re Prosperity Bank, No. 01-22-00382-CV, 2022 WL 2919941, at *1 (Tex. App.-Houston [1st Dist.] July 26, 2022, orig. proceeding) (mem. op.) (same).
Accordingly, we lift the abatement and dismiss the petition for writ of mandamus as moot. Any pending motions are dismissed as moot.