in Re Jeremy Shane Morley

• Court: Court of Appeals of Texas
• Decided: February 3, 2021
• Docket: 10-20-00328-CV
• Status: Published

Opinion

IN THE TENTH COURT OF APPEALS

No. 10-20-00328-CV

IN RE JEREMY SHANE MORLEY

Original Proceeding

From the 12th District Court Walker County, Texas Trial Court No. D1815048

MEMORANDUM OPINION

On December 15, 2020, relator, Jeremy Shane Morley, filed a petition for writ of

mandamus in this Court seeking to compel the respondent, the Honorable Donald

Kraemer, former Judge of the 12th District Court in Walker County, Texas, to render

judgment in this divorce proceeding and suit for partition before the respondent retired

from public office. On December 17, 2020, we requested a response to relator’s

mandamus petition. We did not receive a response. However, through an informal inquiry with Walker County District Clerk’s Office,

we have learned that the respondent ruled in this divorce proceeding and suit for

partition on December 31, 2020, respondent’s last day as judge of the 12th District Court.

Because the trial court has now granted all of the relief requested by relator, a justiciable

controversy no longer exists. See In re Kellogg Brown & Root, Inc., 166 S.W.3d 732, 737 (Tex.

2005) (orig. proceeding) (“A case becomes moot if a controversy ceases to exist between

the parties at any stage of the legal proceedings.”); State Bar of Tex. v. Gomez, 891 S.W.2d

243, 245 (Tex. 1994) (orig. proceeding) (stating that for a controversy to be justiciable,

there must be a real controversy between the parties that will be actually resolves by the

judicial relief sought); see also Dow Chem. Co. v. Garcia, 909 S.W.2d 503, 505 (Tex. 1995)

(noting that the court will not issue mandamus relief if it would be useless or unavailing).

Accordingly, we dismiss relator’s petition for writ of mandamus as moot.

JOHN E. NEILL Justice

Before Chief Justice Gray, Justice Neill, and Justice Johnson Dismissed Opinion delivered and filed February 3, 2021 [OT06]

In re Morley Page 2