Opinion
No. 01-10-00209-CV
Opinion issued April 8, 2010.
Original Proceeding on Petition for Writ of Mandamus.
Panel consists of Chief Justice RADACK and Justices ALCALA and HIGLEY.
MEMORANDUM OPINION
Relator, Tomas Gonzalez, has filed a petition for a writ of mandamus complaining of the trial judge's July 31, 2009 Temporary Order Following Adversary Hearing.
The underlying lawsuit is In the Interest of E.T.G., M.G., and J.M.G., No. 2009-00394 (311th Dist. Ct., Harris County, Tex.). The Honorable Doug Warne, judge of the 311th District Court of Harris County, Texas, signed the complained-of order. However, relator represents that after that ruling, Judge Warne sua sponte recused himself and that the Honorable Katie Kennedy was assigned in his place. Relator does not represent that he asked Judge Kennedy to reconsider Judge Warne's ruling. Mandamus cannot lie against a judge who has not had an opportunity to grant the relief requested by the petition. In re Alsenz, 152 S.W.3d 617, 623 (Tex. App.-Houston 2004, orig. proceeding).
We deny the petition for a writ of mandamus. All pending motions are dismissed as moot.