In Re Jasmine Elliott v. the State of Texas
This text of In Re Jasmine Elliott v. the State of Texas (In Re Jasmine Elliott 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
Fourth Court of Appeals San Antonio, Texas
MEMORANDUM OPINION
No. 04-22-00899-CV
IN RE Jasmine ELLIOTT
Original Proceeding 1
PER CURIAM
Sitting: Irene Rios, Justice Beth Watkins, Justice Lori I. Valenzuela, Justice
Delivered and Filed: July 5, 2023
PETITION FOR WRIT OF MANDAMUS DISMISSED
On December 29, 2022, Relator Jasmine Elliot filed a petition for writ of mandamus and
an emergency motion to stay the underlying trial court proceeding. Elliot’s mandamus petition
seeks a writ of mandamus commanding the trial court to dismiss the underlying proceeding for
lack of jurisdiction. This court granted Elliot’s emergency motion and stayed the UCCJEA court
conference and hearing scheduled for January 3, 2023. Additionally, this court requested responses
from the trial court and Real Party in Interest De Andre Harrington. Harrington filed a response.
On January 9, 2023, Elliot filed a first amended petition for writ of mandamus and a first
amended emergency motion to stay all underlying trial court proceedings. This court granted
Elliot’s emergency motion and stayed all proceedings in the underlying case.
1 This proceeding arises out of Cause No. 2022-CI-05165, styled In the Interest of K.J.E., a Child, pending in the 45th Judicial District Court, Bexar County, Texas, the Honorable Mary Lou Alvarez presiding. 04-22-00899-CV
On April 13, 2023, we lifted the stays in the underlying proceeding and abated this original
proceeding until May 15, 2023, to allow the trial court to conduct a UCCJEA court conference and
to render a ruling.
On June 2, 2023, we received notice that the trial court ordered the underlying proceeding
to be dismissed, and another state, Arkansas, issued an order reciting that it is the home state of
the child at the center of the underlying dispute. With this ruling, Elliot obtained the relief she
seeks through her mandamus petition, rendering her petition moot. In re Gonzalez, No. 04-19-
00225-CV, 2019 WL 1923026, at *1 (Tex. App.—San Antonio May 1, 2019, orig. proceeding)
(mem. op.). Accordingly, we dismiss Elliot’s petition as moot. Elliot’s pending motions are denied
as moot. Harrington’s pending motions are denied as moot.
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