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In re Mayer

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
Jun 2, 2017
NO. 03-17-00249-CV (Tex. App. Jun. 2, 2017)

Opinion

NO. 03-17-00249-CV

06-02-2017

In re Rebecca Mayer


ORIGINAL PROCEEDING FROM MILAM COUNTY

MEMORANDUM OPINION

Relator Rebecca Mayer has filed a motion to dismiss this mandamus proceeding as moot. Mayer's petition for writ of mandamus asked this Court to direct the county court to vacate its order transferring a will contest to Milam County District Court instead of seeking the appointment of a statutory probate judge as requested by Mayer. See Tex. Gov't Code § 22.221; see also Tex. R. App. P. 52.1. In her motion, Mayer advises the Court that in addition to her petition for writ of mandamus, Mayer filed a first amended plea to the jurisdiction in Milam County District Court. The district court granted the plea and transferred the will contest back to the Milam County Court. The county court judge subsequently signed an order granting Mayer's request for assignment of a statutory probate court judge, rendering this mandamus proceeding moot. See In re Kellogg Brown & Root, Inc., 166 S.W.3d 732, 737 (Tex.2005) ("A case becomes moot if a controversy ceases to exist between the parties at any stage of the legal proceedings . . . ."). The real party in interest has not opposed Mayer's motion. Therefore, we grant the motion and dismiss this mandamus proceeding as moot.

/s/_________

Cindy Olson Bourland, Justice Before Chief Justice Rose, Justices Field and Bourland Filed: June 2, 2017


Summaries of

In re Mayer

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
Jun 2, 2017
NO. 03-17-00249-CV (Tex. App. Jun. 2, 2017)
Case details for

In re Mayer

Case Details

Full title:In re Rebecca Mayer

Court:TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

Date published: Jun 2, 2017

Citations

NO. 03-17-00249-CV (Tex. App. Jun. 2, 2017)