Opinion
05-22-00484-CV
08-12-2022
IN RE TRICIA MICHELLE BESSAC, Relator
Original Proceeding from the 256th Judicial District Court Dallas County, Texas Trial Court Cause No. DF-18-24643
Before Justices Schenck, Reichek, and Carlyle
ORDER
AMANDA L. REICHEK, JUSTICE
We REINSTATE this original proceeding. In this original proceeding, relator seeks mandamus relief from the trial court's May 6, 2022 order denying the motion to transfer the suit affecting the parent-child relationship to Tarrant County. In her petition for writ of mandamus, relator argues that transfer is required pursuant to section 155.201 of the Texas Family Code because a suit for dissolution of marriage is pending in Tarrant County.
We are in receipt of relator's July 29, 2022 notice of filing of status report advising us of the successor judge's July 27, 2022 "Order on Motion to Transfer Venue to Tarrant County." In the order, the successor judge found that the motion to transfer venue to Tarrant County is moot in light of real party in interest's filing of a notice of nonsuit in the dissolution suit. Because relator's sole argument in support of her petition for writ of mandamus hinges on the existence of a pending dissolution suit in Tarrant County, we question whether this original proceeding is moot.
Accordingly, relator is directed to file, no later than August 22, 2022, either a motion to dismiss the original proceeding or a letter brief showing cause why the original proceeding should not be dismissed as moot. See Nat'l Collegiate Athletic Ass'n v. Jones, 1 S.W.3d 83, 86 (Tex. 1999) ("Appellate courts are prohibited from deciding moot controversies."). Real party may file a response within ten days of relator's filing. If any party relies on information not included in the mandamus record, that party shall file a supplemental record containing that information.
Should the Court determine that the petition is moot, the original proceeding will be dismissed without further notice. The original proceeding may also be dismissed without further notice should relator fail to file the requested letter brief.