In Re: Byron Keith McHanny v. the State of Texas
This text of In Re: Byron Keith McHanny v. the State of Texas (In Re: Byron Keith McHanny v. the State of Texas) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
DISMISSED and Opinion Filed August 7, 2024
S In The Court of Appeals Fifth District of Texas at Dallas No. 05-24-00899-CV
IN RE BYRON KEITH MCHANNY, Relator
Original Proceeding from the 303rd Judicial District Court Dallas County, Texas Trial Court Cause No. DF-16-15496
MEMORANDUM OPINION Before Justices Partida-Kipness, Nowell, and Miskel Opinion by Justice Miskel 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 “It is well-settled that a temporary order is superseded by entry of a final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.
/Emily Miskel/ EMILY MISKEL 240899F.P05 JUSTICE
–2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT
CAMILLE COOPER, ROBERT On Appeal from the 471st Judicial NEVAREZ, THE ORSALO District Court, Collin County, Texas GROUP, LLC, LARRY COOK, and Trial Court Cause No. 471-06464- 5TH AVENUE ACQUISITIONS & 2018. VENTURE CAPITALISTS, LLC, Opinion delivered by Justice Garcia. Appellants Justices Reichek and Goldstein participating. No. 05-22-01295-CV V.
TCH ALTERA AHCC, LLC, Appellee
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.
–3–
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