Opinion
No. 06-04-00090-CV
Submitted: August 24, 2004.
Decided: August 25, 2004.
Original Mandamus Proceeding.
Before MORRISS, C.J., ROSS and CARTER, JJ.
MEMORANDUM OPINION
Anthony E. Gill has filed a petition for writ of mandamus in which he asks this Court to order the 23rd Judicial District Court of Brazoria County to proceed with a hearing on his damages in connection with an underlying civil lawsuit in which a default judgment had been rendered.
Brazoria County is not in our appellate district, and we would typically not have jurisdiction over a mandamus from that locale. However, the underlying appeal was transferred to this Court by the Texas Supreme Court. We reversed the judgment and remanded the cause for further proceedings. This mandamus is in connection with the furtherance of our mandate in that appeal.
We requested a response, and have now been informed that a date has been set for that hearing and that Gill will be bench warranted to the district court for the day of the hearing. When this Court cannot take any action that can effect the requested relief, and thus the order will have no practical result, we will dismiss the petition for writ of mandamus as moot. Dow Chem. Co. v. Garcia, 909 S.W.2d 503, 505 (Tex. 1995).
The relief sought by Gill is moot.
We deny the petition for writ of mandamus.