In Re Simon Stephen v. the State of Texas

Court of Appeals of Texas

In Re Simon Stephen v. the State of Texas

Court of Appeals of Texas·Decided August 3, 2023·No. 01-23-00296-CV·Published

Opinion

Opinion issued August 3, 2023

In The

Court of Appeals

For The

First District of Texas

signed an order on April 19, 2023, denying relator’s motion for summary judgment, and arguing that this proceeding is now moot. On May 4, 2023, relator filed a response stating that he did not oppose dismissal based on mootness.

“A case becomes moot when the issues presented are no longer live or the parties lack a legally cognizable interest in the outcome.” In re Sierra Club, 420 S.W.3d 153, 156 (Tex. App.—El Paso 2012, no pet.). When a relator seeks mandamus relief to compel the trial court to rule on a motion and the trial court subsequently rules on that motion, the mandamus proceeding is rendered moot. See In re Fuller, Nos. 05-21-01124-CV & 05-21-01125-CV, 2022 WL 1164654, at *1 (Tex. App.—Dallas Apr. 20, 2022, orig. proceeding).

Real party has included with its motion to dismiss a copy of the trial court’s April 19, 2023 order denying relator’s motion for summary judgment. Because the trial court has ruled on the motion for summary judgment, relator has received the relief he is requesting by mandamus in this case. Accordingly, the mandamus proceeding has been rendered moot.

We grant real party’s motion and dismiss this proceeding. Any other pending motions are dismissed as moot.

PER CURIAM

Panel consists of Justices Kelly, Hightower, and Countiss.

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Opinion issued August 3, 2023

In The

Court of Appeals

For The

First District of Texas

signed an order on April 19, 2023, denying relator’s motion for summary judgment, and arguing that this proceeding is now moot. On May 4, 2023, relator filed a response stating that he did not oppose dismissal based on mootness.

“A case becomes moot when the issues presented are no longer live or the parties lack a legally cognizable interest in the outcome.” In re Sierra Club, 420 S.W.3d 153, 156 (Tex. App.—El Paso 2012, no pet.). When a relator seeks mandamus relief to compel the trial court to rule on a motion and the trial court subsequently rules on that motion, the mandamus proceeding is rendered moot. See In re Fuller, Nos. 05-21-01124-CV & 05-21-01125-CV, 2022 WL 1164654, at *1 (Tex. App.—Dallas Apr. 20, 2022, orig. proceeding).

Real party has included with its motion to dismiss a copy of the trial court’s April 19, 2023 order denying relator’s motion for summary judgment. Because the trial court has ruled on the motion for summary judgment, relator has received the relief he is requesting by mandamus in this case. Accordingly, the mandamus proceeding has been rendered moot.

We grant real party’s motion and dismiss this proceeding. Any other pending motions are dismissed as moot.

PER CURIAM

Panel consists of Justices Kelly, Hightower, and Countiss.

In Re Simon Stephen v. the State of Texas, (Tex. Ct. App. 2023).

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