Opinion
No. 06-17-00065-CV
06-13-2017
Original Mandamus Proceeding Before Morriss, C.J., Moseley and Carter, JJ.
MEMORANDUM OPINION
Jack Carter, Justice, Retired, Sitting by Assignment
Richard N. Frame, proceeding pro se, has filed a petition for a writ of mandamus asking this Court to direct the Honorable Bill Miller, Respondent, to set his plea to the jurisdiction for hearing on June 2, 2017, when other motions in the matter are set for hearing.
In his petition for a writ of mandamus, Frame states that his plea to the jurisdiction was filed on March 20, 2017. Frame states that in his plea to the jurisdiction, he requested the trial court to set his plea for hearing and to suggest dates that might be agreeable to the parties and the trial court for the hearing. In addition, he alleges that another party, Allstate Fire and Casualty Insurance Company (Allstate), filed a plea to the jurisdiction and motion to dismiss on May 3, 2017, and that same day, the trial court set a hearing on Allstate's plea and motion for June 2, 2017. Frame asserts that he has had discussions with the Respondent's case manager about also putting his plea to the jurisdiction on the June 2, 2017, docket. However, he complains that his plea has not been placed on that docket and that the Respondent has not set his plea for hearing. He, therefore, requests that this Court order the Respondent to set his plea for hearing on June 2, 2017.
Although Frame certifies that all factual statements made in his petition for a writ of mandamus have support in the record and the appendix, nothing in the appendix indicates these discussions have taken place.
We have been informed by the District Clerk's office that Frame's plea to the jurisdiction was set for hearing and that it was heard on June 2, 2017. Consequently, Frame's petition for a writ of mandamus is moot, and we deny his petition for a writ of mandamus.
Bailey C. Moseley
Justice Date Submitted: June 12, 2017
Date Decided: June 13, 2017