Opinion
01-22-00062-CV
06-28-2022
IN RE BILAL BURKI, INDIVIDUALLY AND DOING BUSINESS AS SHEILA BURKI WEDDING DÉCOR AND/OR SHEILA BURKI DESIGNS, LLC, Relator
Original Proceeding on Petition for Writ of Mandamus
Panel consists of Justices Kelly, Countiss, and Rivas-Molloy.
MEMORANDUM OPINION
PER CURIAM
Relator, Bilai Burki, individually and doing business as Sheila Burki Wedding Décor and/or Sheila Burki Designs, has filed a petition for writ of mandamus challenging the trial court's January 27, 2022 order regarding a sale of relator's "house and properties." According to relator, the sale of his "house and properties" was to occur on February 4, 2022.
The underlying case is Janette D. Dansby v. Sheila Burki, Individually and doing business as Sheila Burki Wedding Décor and/or Sheila Burki Designs, LLC and Bilal Burki, Individually and doing business as Sheila Burki Wedding Décor, and/or Sheila Burki Designs, LLC, Cause No. 19-DCV-265591, pending in the 268th District Court of Fort Bend County, Texas, the Honorable O'Neil Williams presiding.
On April 21, 2022, the Clerk of this Court notified relator that his original proceeding appeared to be moot and was subject to dismissal for lack of jurisdiction unless relator filed a response within seven days demonstrating that this proceeding is not moot. Relator did not adequately respond to the notice.
This Court cannot decide a case that has become moot. See Heckman v. Williamson Cty., 369 S.W.3d 137, 162 (Tex. 2012); see also In re Salverson, No. 01-12-00384-CV, 2013 WL 557264, at *1 (Tex. App.-Houston [1st Dist] Feb. 14, 2013, orig. proceeding) (mem. op.) ("If a proceeding becomes moot, the court must dismiss the proceeding for want of jurisdiction."). Here, relator sought relief from an order that purportedly contemplated the sale of relator's "house and properties" on February 4, 2022. Because that date has passed, and in the absence of a response from relator to this Court's notice, it appears there is no longer a justiciable controversy that can be resolved by mandamus relief. See, e.g., In re Salverson, 2013 WL 557264, at *1-2 (dismissing petition for writ of mandamus as moot where "there [was] no longer a justiciable controversy between the parties that would be resolved by the petition for mandamus relief"); In re Becker, No. 01-10-00917-CV, 2011 WL 1588520, at *1 (Tex. App.-Houston [1st Dist.] Apr. 21, 2011, orig. proceeding) (mem. op.) (dismissing petition for writ of mandamus as moot where successor trial court judge vacated orders about which relator complained in his petition).
Accordingly, we dismiss the petition for writ of mandamus. We dismiss any pending motions as moot.