In Re Mohamed Laham v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: December 7, 2023
• Docket: 01-23-00326-CV
• Status: Published

Opinion

Opinion issued December 7, 2023

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-23-00326-CV ——————————— IN RE MOHAMED LAHAM, Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

Relator, Mohamed Laham, filed a petition for a writ of mandamus,

challenging the trial court’s May 2, 2023 order denying relator’s “Motion

Requesting Administrative Closure of Case for Lack of Jurisdiction.” In his

mandamus petition, relator argued that the trial court abused its discretion by

denying his request for administrative closure of the underlying cause because on

January 28, 2023, the trial court entered an “Order of Partial Dismissal.” Relator

further argued that this amounted to a final, appealable order because, although the order stated that it was a “partial dismissal” and it only dismissed the claims of a

single defendant, the trial court’s order also included “finality language.” In his

mandamus petition, relator requested that the Court grant his petition for writ of

mandamus and direct the trial court “to take no further action in [the underlying

cause] as it pertains to [r]elator other than directing the Harris County District Clerk

to close the case administratively.”1

We deny relator’s petition for writ of mandamus. See TEX. R. APP. P. 52.8(a).

Any pending motions are dismissed as moot.

PER CURIAM Panel consists of Justices Kelly, Hightower, and Guerra.

1 The underlying case is Lydia Diaz v. Manel Chamsine, Luis A. Curbelo-Diaz, and Mohamed Laham, Cause No. 2022-40002, in the 270th District Court of Harris County, Texas, the Honorable Dedra Davis presiding.