in Re Bobby B. Dash

• Court: Court of Appeals of Texas
• Decided: July 26, 2018
• Docket: 01-18-00350-CV
• Status: Published

Opinion

Opinion issued July 26, 2018

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-18-00350-CV ——————————— IN RE BOBBY B. DASH, Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION Relator, Bobby B. Dash, proceeding pro se, filed a petition for writ of

mandamus seeking to have this Court compel the respondent district judge to rule

on relator’s pending motion for partial summary judgment, supplemental motion for

summary judgment, and second motion for summary judgment in the underlying

trial court proceeding.1 This Court requested and received a response.

1 The underlying proceeding is Bobby B. Dash v. Parc Lake Estates Homeowners Association, Inc., and Carl Edward Bovermann, John Mgbere, Tracy Hermann, The real parties in interest filed a letter in this Court contending that the

petition has been rendered moot after the respondent denied both of relator’s motions

on June 20, 2018, and they attached certified copies of the orders. Relator filed a

letter in response requesting that this Court grant the petition first and then dismiss

the case as moot. See TEX. R. APP. P. 56.2. However, because the respondent has

ruled on relator’s pending motions, this Court no longer has jurisdiction to grant

relief because the petition is moot. See Tex. A&M Univ.–Kingsville v. Yarbrough,

347 S.W.3d 289, 290–91 (Tex. 2011); In re Jackson, No. 01–12–00020–CV, 2012

WL 405707, at *1 (Tex. App.—Houston [1st Dist.] Feb. 9, 2012, orig. proceeding)

(mem. op.) (dismissing mandamus petition as moot after relator received relief

requested).

Accordingly, we dismiss the petition for want of jurisdiction as moot.

PER CURIAM Panel consists of Justices Keyes, Bland, and Massengale.

Cause No. 2017-16096, in the 152nd District Court, Harris County, the Honorable Robert K. Schaffer presiding. 2