Opinion
01-22-00670-CV
05-23-2023
In re Wendy Gayle Florence
280th District Court of Harris County, Trial court case number: 2022-18255
ORDER
Sarah Beth Landau, Judge
On September 19, 2022, relator Wendy Gale Florence filed a petition for writ of habeas corpus challenging her confinement for contempt by the trial court. See Tex. Gov't Code § 22.221(d) (authorizing courts of appeals to issue writ of habeas corpus in civil contempt cases). The district court's docket sheet, however, indicates that the trial court judge signed an order on October 7, 2022 releasing relator from jail. The docket sheet further indicates that, on January 24, 2023, the successor trial court judge denied a motion requesting conditions on relator's release from jail. Given these developments, the pending petition for writ of habeas corpus appears moot. See State v. Golding, 398 S.W.3d 745, 747 (Tex. App.-Houston [1st Dist.] 2011, pet. ref'd) ("Where the premise of a habeas corpus application is destroyed by subsequent developments, the legal issues raised thereunder are rendered moot."); see also In re Bergenholtz, No. 05-15-00350- CV, 2015 WL 1383110, at *1 (Tex. App.-Dallas Mar. 25, 2015, orig. proceeding) (citing Ex Parte Mascorro, No. 04-11-00795-CV, 2011 WL 6009095, at *1 (Tex. App.-San Antonio Nov. 30, 2011, orig. proceeding)) ("Because relator is no longer confined, we have determined this petition is now moot.").
Accordingly, the Court orders relator to file within 10 days of this order: (1) a supplemental record containing the October 7, 2022 order releasing relator from jail, the January 24, 2023 denial of conditions on relator's release from jail, and any other documents regarding relator's confinement after the filing of the habeas petition, and (2) a response indicating whether relator seeks to continue pursuing her habeas petition or dismiss this proceeding as moot. If relator seeks to continue the proceeding, relator must provide a detailed explanation, citing relevant portions of the record, statutes, rules, and case law demonstrating that the appeal has not been rendered moot by subsequent developments. Unless relator files the requested supplemental record and response within 10 days of this order, the Court may dismiss this appeal without further notice.
It is so ORDERED.