From Casetext: Smarter Legal Research

In re Barnes

Court of Appeals of Texas, Fifth District, Dallas
Aug 27, 2021
No. 05-21-00220-CV (Tex. App. Aug. 27, 2021)

Opinion

05-21-00220-CV

08-27-2021

IN RE DAVID BARNES, Relator


Original Proceeding from the 330th Judicial District Court Dallas County, Texas Trial Court Cause No. F-11-11126

Before Justices Osborne, Pedersen, III, and Goldstein

MEMORANDUM OPINION

BONNIE LEE GOLDSTEIN, JUSTICE

In this original proceeding, relator asks us to compel the trial court to rule on various pending motions that seek to modify or challenge the possession schedule set by the trial court's December 17, 2020 order after de novo review. Relator also asks us to compel the trial court to vacate the December 17, 2020 order and enter a schedule establishing specific times and conditions for his possession of the children.

After reviewing the petition, real party in interest's response, relator's supplement, and the record before us, we conclude that this original proceeding is moot. Based on the trial court's July 26, 2021 order, the possession schedule set by the December 17, 2020 order is no longer in effect. Accordingly, we dismiss the petition for writ of mandamus as moot. See Heckman v. Williamson Cty., 369 S.W.3d 137, 162 (Tex. 2012) (court lacks jurisdiction over case that has become moot).

Having dismissed the petition, we also deny relator's July 2, 2021 emergency motion for temporary relief and August 13, 2021 supplement to the emergency motion as moot.


Summaries of

In re Barnes

Court of Appeals of Texas, Fifth District, Dallas
Aug 27, 2021
No. 05-21-00220-CV (Tex. App. Aug. 27, 2021)
Case details for

In re Barnes

Case Details

Full title:IN RE DAVID BARNES, Relator

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

Date published: Aug 27, 2021

Citations

No. 05-21-00220-CV (Tex. App. Aug. 27, 2021)