In Re Priscilla Graham Individually and A/N/F of Minor Child E.S. v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: May 9, 2024
• Docket: 09-24-00105-CV
• Status: Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

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NO. 09-24-00105-CV __________________

IN RE PRISCILLA GRAHAM INDIVIDUALLY AND A/N/F OF MINOR CHILD E.S.

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Original Proceeding 457th District Court of Montgomery County, Texas Trial Cause No. 24-01-01649-CV __________________________________________________________________

MEMORANDUM OPINION

In a petition for a writ of mandamus, Priscilla Graham Individually and as

next friend of Minor Child E.S. argued that the trial court abused its discretion in a

bill of review case by signing a temporary restraining order on efforts to enforce the

default judgment in the underlying case being challenged by the bill of review. On

April 9, 2024, the Clerk of the Court issued a letter that notified the parties that the

trial court had signed a temporary injunction, the appellate court had docketed the

accelerated appeal from the temporary injunction as Appeal Number 09-24-00105-

CV, and that this mandamus proceeding would be dismissed as moot unless a party

1 filed a written response showing grounds for continuing this original proceeding. No

party responded to the Clerk’s notice.

We conclude that this original proceeding has become moot, no exception to

the doctrine of mootness applies, and we lack jurisdiction over this original

proceeding. Accordingly, we dismiss the petition for a writ of mandamus without

reference to the merits.

PETITION DISMISSED.

PER CURIAM

Submitted on May 8, 2024 Opinion Delivered May 9, 2024

Before Golemon, C.J., Horton and Wright, JJ.