in Re Harold Dean White

• Court: Court of Appeals of Texas
• Decided: February 24, 2011
• Docket: 01-10-00960-CV
• Status: Published

Opinion

Opinion issued February 24, 2011.

In The

Court of Appeals

For The

First District of Texas

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NO. 01-10-00960-CV

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In RE Harold Dean White, Relator

Original Proceeding on Petition for Writ of Habeas Corpus

MEMORANDUM OPINION[1]

          Relator, Harold Dean White, requests habeas corpus relief from the trial court’s November 1, 2010 contempt order.  We dismiss relator’s petition for writ of habeas corpus as moot. 

The contempt order that is the subject of this habeas proceeding was signed by Judge Tony Lindsay.  Judge Lindsay, however, no longer presides over the 280th District Court; Judge Lynn Bradshaw-Hull is now the presiding judge of the 280th District Court.  On January 4, 2011, we abated the habeas proceeding in order to allow Judge Bradshaw-Hull to reconsider Judge Lindsay’s ruling.  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  Judge Bradshaw-Hull since has withdrawn the contempt order.  Because the order about which relator complains is no longer in effect, the issues raised in his petition are moot.  See In re Campbell, 106 S.W.3d 788, 788 (Tex. App.—Texarkana 2003, orig. proceeding).

Accordingly, this habeas proceeding is reinstated, and we dismiss relator’s petition for writ of habeas corpus.  Our order granting relator temporary relief is vacated. 

PER CURIAM

Panel consists of Justices Alcala, Bland, and Massengale.

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[1]           The underlying case is Melissa White v. Harold Dean White, No. 2010-63189 in the 280th District Court of Harris County, Texas, the Honorable Lynn Bradshaw-Hull presiding.