in Re James Ehlers

• Court: Court of Appeals of Texas
• Decided: September 17, 2008
• Docket: 10-08-00270-CV
• Status: Published

Opinion

IN THE

TENTH COURT OF APPEALS

 

No. 10-08-00268-CV

In re Texas Department of Family

and Protective Services

No. 10-08-00270-CV

IN RE JAMES EHLERS

Original Proceeding

MEMORANDUM  Opinion

The Department of Family and Protective Services filed an application with this Court for the issuance of a writ of mandamus against the Respondent, Honorable Greg Wilhelm, Judge of the County Court at Law No. 1 of Ellis County.  James Ehlers, joined by attorney ad litem Gloria Ortiz, also filed a mandamus application against Judge Wilhelm.  In both applications, the parties contend that Respondent abused his discretion by refusing to enter a final judgment memorializing the jury’s verdict in a parental-rights termination case and by issuing an order appointing a transition master and a transition coordinator.  Ehlers further contends that Respondent abused his discretion because the transition order effectively denies him access to his daughter.

However, the trial court has since signed a final judgment and a separate order vacating its transition order.  Accordingly, we dismiss the mandamus applications as moot.  See In re Jaramillo, 164 S.W.3d 774, 775 (Tex. App.—Texarkana 2005, orig. proceeding).

FELIPE REYNA

Justice

Before Chief Justice Gray,

Justice Vance, and

Justice Reyna

Petitions dismissed

Opinion delivered and filed September 17, 2008

[OT06]