In Re Javier Castillo v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: April 28, 2025
• Docket: 13-25-00039-CV
• Status: Published

Opinion

NUMBER 13-25-00039-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI – EDINBURG

IN RE JAVIER CASTILLO

ON PETITION FOR WRIT OF MANDAMUS

MEMORANDUM OPINION

Before Justices Silva, Peña, and Cron Memorandum Opinion by Justice Peña1

Relator Javier Castillo filed a petition for writ of mandamus asserting that the

respondent, the Honorable Nanette Hasette, abused her discretion by ordering him to pay

child support in addition to the children’s proven needs, or alternatively, by ordering him

to pay child support above statutory guidelines. However, the respondent ceased to hold

1 See TEX. R. APP. P. 52.8(d) (“When denying relief, the court may hand down an opinion but is not

required to do so. When granting relief, the court must hand down an opinion as in any other case.”); id. R. 47.4 (distinguishing opinions and memorandum opinions). office on December 31, 2024. Accordingly, we abated and remanded this original

proceeding “to allow the successor to reconsider the [respondent’s] decision.” TEX. R.

APP. P. 7.2(b); In re Blevins, 480 S.W.3d 542, 543 (Tex. 2013) (orig. proceeding) (per

curiam); In re Schmitz, 285 S.W.3d 451, 454 (Tex. 2009) (orig. proceeding).

We have now received the reporter’s record of the proceedings on remand and the

successor judge’s order on reconsideration. Accordingly, we reinstate this original

proceeding. By order signed on April 16, 2025, the successor judge has vacated the

award of child support at issue in this petition for writ of mandamus.

The Court, having examined and fully considered the petition for writ of mandamus,

the proceedings on remand, and the trial court’s order, is of the opinion that this original

proceeding has been rendered moot. See In re Contract Freighters, Inc., 646 S.W.3d 810,

813 (Tex. 2022) (orig. proceeding) (per curiam); Heckman v. Williamson County, 369

S.W.3d 137, 162 (Tex. 2012); In re Kellogg Brown & Root, Inc., 166 S.W.3d 732, 737

(Tex. 2005) (orig. proceeding). Accordingly, we dismiss this original proceeding as moot.

L. ARON PEÑA JR. Justice

Delivered and filed on the 28th day of April, 2025.