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In re Dodrill

Court of Appeals of Texas, Fifth District, Dallas
Feb 4, 2009
No. 05-09-00091-CV (Tex. App. Feb. 4, 2009)

Opinion

No. 05-09-00091-CV

Opinion issued February 4, 2009.

Original Proceeding from the 296th Judicial District Court, Collin County, Texas, Trial Court Cause No. 366-52709-05.

Before Justices WRIGHT, RICHTER and MAZZANT.

Opinion by Justice WRIGHT.


MEMORANDUM OPINION


Relator contends the trial judge erred in revoking his furlough and issuing a capias for his arrest based on his failure to make required child support payments. The facts and issues are well known to the parties, so we need not recount them herein. According to relator's own petition, he has not been arrested or confined by the state. Therefore, based on the record before us, we conclude that the issues presented in this petition are not ripe for our determination. The jurisdictional requirement of ripeness applies to mandamus cases. See Perry v. Del Rio, 66 S.W.3d 239, 248-252 (Tex. 2001). An opinion issued in a case that is not ripe is an advisory opinion because, rather than remedying an actual or imminent harm, it addresses only a hypothetical injury. Thomas v. Cornyn, 71 S.W.3d 473, 481 (Tex.App.-Austin 2002, no pet.). Courts of this state have no jurisdiction to render advisory petitions. Texas Ass'n of Bus. v. Texas Air control Bd., 852 S.W.2d 440, 444 (Tex. 1993). Accordingly, we DISMISS relator's petition for a writ of mandamus for want of jurisdiction.


Summaries of

In re Dodrill

Court of Appeals of Texas, Fifth District, Dallas
Feb 4, 2009
No. 05-09-00091-CV (Tex. App. Feb. 4, 2009)
Case details for

In re Dodrill

Case Details

Full title:IN RE PAUL DODRILL, Relator

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

Date published: Feb 4, 2009

Citations

No. 05-09-00091-CV (Tex. App. Feb. 4, 2009)

Citing Cases

In re Penney

See Perry v. Del Rio, 66 S.W.3d 239, 248-252 (Tex. 2001) (orig. proceeding); In re Dodrill, No.…