in Re Christian Miles Becker

• Court: Court of Appeals of Texas
• Decided: April 21, 2011
• Docket: 01-10-00917-CV
• Status: Published

Opinion

Opinion issued April 21, 2011.

In The

Court of Appeals

For The

First District of Texas

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NO. 01-10-00917-CV

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IN RE Christian Miles Becker, Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

          Relator, Christian Miles Becker, has filed a petition for writ of mandamus challenging several of the trial court’s orders in the underlying suit to modify the parent-child relationship between relator and his daughter.  The challenged orders include temporary orders modifying relator’s possession of and access to his child, an order denying his special appearance and plea to the jurisdiction, and an order denying his motion for reconsideration.[1]  We dismiss relator’s petition for writ of mandamus as moot.

          The subject orders were signed by the Honorable Georgia Dempster, who no longer presides over the 308th District Court, and the Honorable James Lombardino now presides over the 308th District Court.  Pursuant to relator’s request, we abated this mandamus proceeding in order to allow Judge Lombardino to reconsider Judge Dempster’s rulings.  See Tex. R. App. P. 7.2(b) (“If the case is an original proceeding under Rule 52, the court must abate the proceeding to allow the successor to reconsider the original party’s decision.”).  Judge Lombardino has since vacated all orders issued in the underlying suit and dismissed it for want of jurisdiction.  Because the underlying suit has been dismissed and the subject orders are no longer in effect, the issues raised in the petition are moot.  See In re Campbell, 106 S.W.3d 788, 788 (Tex. App.—Texarkana 2003, orig. proceeding).

          Accordingly, we reinstate the mandamus proceeding and dismiss relator’s petition as moot.  We also dismiss all outstanding motions as moot and vacate our order granting relator temporary relief.    

PER CURIAM

Panel consists of Justices Jennings, Higley, and Brown.

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[1]           The underlying case is styled In the Interest of E.L.B., Minor Child, No. 2010-28443 in the 308th District Court of Harris County, Texas, the Honorable James Lombardino presiding.