in Re John S. Morgan

• Court: Court of Appeals of Texas
• Decided: April 4, 2013
• Docket: 09-13-00079-CV
• Status: Published

Opinion

In The

Court of Appeals Ninth District of Texas at Beaumont ____________________ NO. 09-13-00079-CV ____________________

IN RE JOHN S. MORGAN

_______________________________________________________ ______________

Original Proceeding ________________________________________________________ _____________

MEMORANDUM OPINION

In this mandamus proceeding, John S. Morgan contends the trial court

abused its discretion in failing to grant Morgan’s motion to dissolve a writ of

garnishment. A writ of supersedeas, which dissolved the writ of garnishment,

issued after Morgan filed his mandamus petition. Subsequently, the real party in

interest suggested the petition was moot. The relator has not shown the petition is

not moot. Without addressing the merits of the petition, we dismiss the petition for

writ of mandamus as moot. See In re Uresti, 377 S.W.3d 696, 697 (Tex. 2012)

(dismissing petition for mandamus relief under the mootness doctrine).

1 PETITION DISMISSED.

PER CURIAM

Submitted on February 25, 2013 Opinion Delivered April 4, 2013 Before McKeithen, C.J., Kreger and Horton, JJ.