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In re Portillo

Court of Appeals of Texas, Fourteenth District, Houston
Oct 27, 2011
No. 14-11-00520-CV (Tex. App. Oct. 27, 2011)

Summary

granting motion to dismiss mandamus petition after final order superseded order that was subject of petition, rendering petition moot

Summary of this case from In re Vega

Opinion

No. 14-11-00520-CV

Opinion filed October 27, 2011.

On Appeal from the 309th District Court Harris County, Texas, Trial Court Cause No. 2009-68967.

Original Proceeding Writ of Mandamus.

Panel consists of Chief Justice HEDGES and Justices SEYMORE and BOYCE.


MEMORANDUM OPINION


On June 16, 2011, relator, Flor De Jesus Portillo, filed a petition for writ of mandamus in this court. See Tex. Gov't Code § 22.221. Relator asked this court to order the Honorable Sheri Y. Dean, presiding judge of the 309th District Court of Harris County, Texas, to set aside her order signed June 10, 2011, entered in trial court cause number 2009-68967, styled In the Interest of V.L.P., a child. Relator also filed an emergency motion asking that we stay the trial court's order. See Tex. R. App. P. 52.10(a). On June 16, 2011, this court granted relator's motion and stayed the trial court's order. The court denied relator's subsequent motion to stay the trial of the underlying proceeding.

On October 18, 2011, the real party in interest, Victor Portillo, filed a motion to dismiss the petition for writ of mandamus. The underlying suit affecting the parent-child relationship was tried to the court on September 7, 8, and 9, 2011. On October 14, 2011, the trial court signed a final order. The final order has superseded the June 10, 2011, order that is the subject of this petition, rendering this proceeding moot. See Roccaforte v. Jefferson County, 341 S.W.3d 919, 924 (Tex. 2011) (interlocutory order merges into final judgment, which may implicitly modify interlocutory order without doing so expressly). This court's stay order issued June 16, 2011, has also been rendered moot. Moreover, now that a final order has been signed, relator has an adequate appellate remedy to challenge the order. See Walker v. Packer, 827 S.W.2d 833, 840 (Tex. 1992) (mandamus relief is not available when an adequate appellate remedy exists).

Accordingly, we grant the real party in interest's motion and order the petition for writ of mandamus dismissed.


Summaries of

In re Portillo

Court of Appeals of Texas, Fourteenth District, Houston
Oct 27, 2011
No. 14-11-00520-CV (Tex. App. Oct. 27, 2011)

granting motion to dismiss mandamus petition after final order superseded order that was subject of petition, rendering petition moot

Summary of this case from In re Vega

granting motion to dismiss mandamus petition after final order superseded order that was subject of petition, rendering petition moot

Summary of this case from In re Am. Fisheries, Inc.
Case details for

In re Portillo

Case Details

Full title:IN RE FLOR DE JESUS PORTILLO, Relator

Court:Court of Appeals of Texas, Fourteenth District, Houston

Date published: Oct 27, 2011

Citations

No. 14-11-00520-CV (Tex. App. Oct. 27, 2011)

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