Summary
referring to requirement for "live controversy" to be resolved for mandamus relief to issue
Summary of this case from In re MitchellOpinion
NO. 01-18-00722-CV
08-01-2019
IN RE JENNIFER ELIZABETH TIMAR, Relator
Original Proceeding on Petition for Writ of Mandamus
MEMORANDUM OPINION
Relator, Jennifer Elizabeth Timar, has filed a petition and first amended petition for a writ of mandamus challenging temporary orders in the underlying suit affecting the parent-child relationship. Real party in interest, Richard Knafelc has filed a motion to dismiss the first amended petition as moot. We grant the motion and dismiss the petition and first amended petition as moot.
The underlying case is In the Interest of H.M.K., cause number 2014-47229, in the 309th District Court of Harris County, Texas, the Honorable Linda Marie Dunson presiding. The petition named the Honorable Charley Prine as the respondent. After the petition was filed, Judge Prine transferred the case from the 246th District Court of Harris County to the 309th District Court of Harris County. We substituted the Honorable Linda Marie Dunson as the respondent, abated the proceeding, and remanded it to the trial court to allow Judge Dunson to reconsider the rulings made the basis of relator's petition. See TEX. R. APP. P. 7.2(a), (b).
"[C]ourts have an obligation to take into account intervening events that may render a lawsuit moot." Heckman v. Williamson Cty., 369 S.W.3d 137, 166-67 (Tex. 2012). "A case becomes moot if a controversy ceases to exist between the parties at any stage of the legal proceedings . . . ." In re Kellogg Brown & Root, Inc., 166 S.W.3d 732, 737 (Tex. 2005) (orig. proceeding). On July 8, 2019, Timar and Knafelc signed a mediated settlement agreement, which states that it "represents a full and final resolution of all issues between the parties." Because the parties have resolved the issues between them, there no longer is a live controversy to be resolved by mandamus. See In re Martin, No. 14-11-01048-CV, 2012 WL 822258, at *1 (Tex. App.—Houston [14th Dist.] Mar. 13, 2012, orig. proceeding) (mem. op.); see also In re Locke, No. 14-16-00754-CV, 2018 WL 1750863, at *2 (Tex. App.—Houston [14th Dist.] Apr. 12, 2018, orig. proceeding) (mem. op.) (dismissing mandamus petition after parties settled underlying case "even if they [had] not fully implemented their settlement agreement"). Timar has filed an objection to the motion to dismiss. However, with exceptions not applicable in this case, we cannot decide a case that has become moot during the pendency of the litigation. Heckman, 369 S.W.3d at 162.
Accordingly, we reinstate this original proceeding, grant Knafelc's motion to dismiss, and dismiss the petition and amended petition for a writ of mandamus as moot. We further dismiss all other pending motions as moot.
PER CURIAM Panel consists of Justices Lloyd, Landau, and Countiss.