in Re: Yolanda Hayes and Keldrick Hayes

• Court: Court of Appeals of Texas
• Decided: February 13, 2023
• Docket: 05-23-00111-CV
• Status: Published

Opinion

Order entered February 13, 2023

In The Court of Appeals Fifth District of Texas at Dallas

No. 05-23-00111-CV

IN RE YOLANDA HAYES AND KELDRICK HAYES, Relators

Original Proceeding from the 192nd Judicial District Court Dallas County, Texas Trial Court Cause No. DC-17-06696

ORDER Before Justices Pedersen, III, Nowell, and Kennedy

Before the Court is relators’ February 8, 2023 petition for writ of mandamus

and emergency motion for stay. We LIFT the stay issued by our February 9, 2023

order. We also WITHDRAW our request for a response to the petition.

We are in receipt of real party in interest’s February 9, 2023 letter advising

us that respondent has now sustained relators’ objection to the visiting judge, as

well as relator’s February 10, 2023 letter in response. In light of these

developments, we question whether this original proceeding challenging the trial

court’s determination to overrule relators’ objection is moot. Accordingly, relator

is directed to file, no later than February 23, 2023, either a motion to dismiss the original proceeding or a letter brief showing cause why the original proceeding

should not be dismissed for want of jurisdiction. See Nat’l Collegiate Athletic

Ass’n v. Jones, 1 S.W.3d 83, 86 (Tex. 1999) (“Appellate courts are prohibited from

deciding moot controversies.”). Real party may file any response within ten days

of relators’ filing. If any party relies on information not included in the mandamus

record, that party shall file a supplemental record containing that information.

Should the Court determine it lacks jurisdiction, the original proceeding will

be dismissed without further notice. The original proceeding may also be

dismissed without further notice should relators fail to file the requested letter

brief.

/s/ ERIN A. NOWELL JUSTICE