In Re Jose P. Garza, District Attorney, Travis County, Texas v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: September 19, 2025
• Docket: 03-25-00664-CV
• Status: Published

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-25-00664-CV

In re José P. Garza, District Attorney, Travis County, Texas

ORIGINAL PROCEEDING FROM TRAVIS COUNTY

MEMORANDUM OPINION

Relator, the State, through José P. Garza, District Attorney of Travis County, Texas

(the State), sought mandamus relief from this Court after the trial court granted Real Party in

Interest Terrance Bryant’s motion to compel the complaining witness in a felony sexual-assault

prosecution to disclose the name of her therapist to the State. The State moved for an emergency

stay of the underlying proceedings, which this Court granted.

After the State amended its mandamus petition, Bryant responded by moving for

the trial court to withdraw the challenged order. The trial court granted Bryant’s motion and

ordered that its prior order “compelling the complainant to provide the name of her therapist, as

previously requested by the defense, is hereby withdrawn.” The trial court’s withdrawal of the

underlying order renders this controversy moot and deprives this Court of subject-matter

jurisdiction. See Heckman v. Williamson County, 369 S.W.3d 137, 162 (Tex. 2012) (“[A] court

cannot decide a case that has become moot during the pendency of the litigation.”). Bryant moved to dismiss the State’s petition for writ of mandamus as moot, and the

State is unopposed to dismissal. Therefore, we lift the stay of the underlying proceedings, grant

Bryant’s motion to dismiss, and dismiss the petition for writ of mandamus as moot.

__________________________________________ Rosa Lopez Theofanis, Justice

Before Justices Triana, Kelly, and Theofanis

Filed: September 19, 2025