in Re Melvin Whipple

• Court: Court of Appeals of Texas
• Decided: March 24, 2022
• Docket: 09-22-00051-CV
• Status: Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

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NO. 09-22-00051-CV __________________

IN RE MELVIN WHIPPLE

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Original Proceeding 435th District Court of Montgomery County, Texas Trial Cause No. 04-04-02663-CV __________________________________________________________________

MEMORANDUM OPINION

In a petition for a writ of mandamus, Melvin Whipple, Relator, sought to

compel the trial court to vacate a trial court order, signed on January 31, 2022, that

is titled “Order on Agreed Motion to Transfer to Tiered Treatment Program.” See

generally Tex. R. App. P. 52. On March 10, 2022, by motion, Relator asked the

Court to dismiss the original proceeding he filed here. In his motion, Whipple asserts

that the original proceeding he filed is now moot because the trial court signed an

order on March 8, 2022, vacating the order signed on January 31, 2022.

1 We agree the matter is moot. We grant the motion and dismiss Relator’s

petition, without reference to the merits.

PETITION DISMISSED.

PER CURIAM

Submitted on March 23, 2022 Opinion Delivered March 24, 2022

Before Kreger, Horton and Johnson, JJ.