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In re McHanny

Court of Appeals of Texas, Fifth District, Dallas
Aug 7, 2024
No. 05-24-00899-CV (Tex. App. Aug. 7, 2024)

Opinion

05-24-00899-CV

08-07-2024

IN RE BYRON KEITH MCHANNY, Relator


Original Proceeding from the 303rd Judicial District Court Dallas County, Texas Trial Court Cause No. DF-16-15496

Before Justices Partida-Kipness, Nowell, and Miskel

MEMORANDUM OPINION

EMILY MISKEL, JUSTICE

Before the Court is relator's July 31, 2024 petition for writ of mandamus challenging the trial court's temporary orders. Based on our review of the petition and record, however, the trial court has since issued a final order resolving all claims at issue. "It is well-settled that a temporary order is superseded by entry of a final order, rendering moot any complaint about the temporary order." Interest of B.W.S., No. 05-20-00343-CV, 2022 WL 2712494, at *4 (Tex. App.-Dallas July 13, 2022, no pet.) (mem. op. nunc pro tunc). We lack jurisdiction over a moot proceeding. See Elec. Reliability Council of Tex., Inc. v. Panda Power Generation Infrastructure Fund, LLC, 619 S.W.3d 628, 634-35 (Tex. 2021) (orig. proceeding) (discussing mootness doctrine).

Accordingly, we dismiss relator's petition for writ of mandamus for lack of jurisdiction. See id. Additionally, based on our review, relator's petition and its attached appendix contain unredacted sensitive data-such as a minor's birthdate- in violation of the Texas Rules of Appellate Procedure. See Tex. R. App. P. 9.9. Accordingly, we strike relator's petition and its attached appendix.

JUDGMENT

In accordance with this Court's opinion of this date, the judgment of the trial court is AFFIRMED.

It is ORDERED that appellee TCH Altera AHCC, LLC recover its costs of this appeal from appellants Camille Cooper, Robert Nevarez, The Orsalo Group, LLC, Larry Cook, and 5th Avenue Acquisitions & Venture Capitalists, LLC.

Judgment entered this 7th day of August 2024.


Summaries of

In re McHanny

Court of Appeals of Texas, Fifth District, Dallas
Aug 7, 2024
No. 05-24-00899-CV (Tex. App. Aug. 7, 2024)
Case details for

In re McHanny

Case Details

Full title:IN RE BYRON KEITH MCHANNY, Relator

Court:Court of Appeals of Texas, Fifth District, Dallas

Date published: Aug 7, 2024

Citations

No. 05-24-00899-CV (Tex. App. Aug. 7, 2024)