Summary
dismissing petition for writ of mandamus as moot because judgment had been rendered in underlying lawsuit
Summary of this case from In re SalversonOpinion
No. 06-04-00003-CV
Submitted: January 21, 2004.
Decided: January 22, 2004.
Original Mandamus Proceeding.
Denied.
Before MORRISS, C.J., ROSS and CARTER, JJ.
MEMORANDUM OPINION
Douglas A. Dunn has filed a petition for writ of mandamus in which he asks this Court to order the Honorable Bill Peek, judge of the 202nd Judicial District Court of Bowie County, to direct the district clerk to issue citation in his civil lawsuit. Dunn is a prison inmate, who is acting pro se in the action and on this mandamus.
Our clerk's office has contacted the district clerk, and we have received information showing the lawsuit has been dismissed as frivolous. This Court cannot take any action that would effect the requested relief. Thus, the order will have no practical result and mandamus should not be ordered. The petition must therefore be dismissed as moot without ruling on the merits of the contention brought forward in the petition. Dow Chem. Co. v. Garcia, 909 S.W.2d 503, 505 (Tex. 1995).
A dismissal for mootness is not a ruling on the merits. Speer v. Presbyterian Children's Home, 847 S.W.2d 227 (Tex. 1993).
Judgment has been rendered in the lawsuit. Therefore, the petition for writ of mandamus is now moot.
The petition is denied.