in Re Jose Antonio Soriano

• Court: Court of Appeals of Texas
• Decided: March 3, 2005
• Docket: 14-05-00075-CV
• Status: Published

Opinion

Petition for Writ of Mandamus Denied and Memorandum Opinion filed March 3, 2005

Petition for Writ of Mandamus Denied and Memorandum Opinion filed March 3, 2005.

In The

Fourteenth Court of Appeals

____________

NO. 14-05-00075-CV

IN RE JOSE ANTONIO SORIANO, Relator

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

M E M O R A N D U M   O P I N I O N

On January 21, 2005, relator filed a petition for writ of mandamus in this court.  See Tex. Gov=t. Code Ann. ' 22.221 (Vernon 2004); see also Tex. R. App. P. 52.  Relator complained of the trial court=s November 18, 2004, order, denying relator=s joint election with his co-defendant regarding order of trial settings, and setting trial for relator first.  Relator asserted that the trial court had violated a ministerial duty by not following the joint election as to order of trial.

On February 22, 2005, the State responded to relator=s petition.  The State noted that, on February 22, 2005, it had filed a motion with the trial court, asking the court to withdraw the order of which relator complains.  The trial court granted the State=s motion on February 22, 2005, and withdrew its November 18, 2004, order, and ordered that the trial of defendant Arrambide precede the trial of relator. 

Because relator has now received the relief he sought in his petition, relator=s request for mandamus relief is moot.  Accordingly, we deny relator=s petition for writ of mandamus.

PER CURIAM

Petition Denied and Memorandum Opinion filed March 3, 2005.

Panel consists of Justices Anderson, Hudson, and Frost.