in Re: Jose B. De LaCerda

• Court: Court of Appeals of Texas
• Decided: April 30, 2008
• Docket: 12-08-00082-CV
• Status: Published

Opinion

                NO. 12-08-00082-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

§         

IN RE: JOSE B. DE LA CERDA,

RELATOR     §          ORIGINAL PROCEEDING

MEMORANDUM OPINION

            Jose B. De La Cerda filed a petition for writ of mandamus seeking an order requiring the trial court to rule on his motion for restitution, which he alleges was filed on August 10, 2007.¹  On behalf of the respondent, the Attorney General of Texas has filed a motion to dismiss this proceeding as moot and a motion to supplement its motion to dismiss with a copy of an order signed by the respondent on April 22, 2008 granting relief on De La Cerda’s motion.  We agree that the order renders this proceeding moot.  Accordingly, the motion to supplement the motion to dismiss is granted, and De La Cerda’s petition for writ of mandamus is dismissed as moot.

                                                                                                     SAM GRIFFITH   

                                                                                                              Justice

Opinion delivered April 30, 2008.

Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J.

(PUBLISH)

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¹ The respondent is the Honorable Deborah Oakes Evans, Judge of the 87th Judicial District Court of Anderson County, Texas.