The opinion
Opinion issued July 11, 2024
In The
Court of Appeals
For The
First District of Texas
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NO. 01-23-00494-CV
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IN RE J. RAY RILEY, Relator
Original Proceeding on Petition for Writ of Mandamus
MEMORANDUM OPINION
Relator, J. Ray Riley, has filed a petition for writ of mandamus asserting that
the trial court abused its discretion by failing to rule on his motion for entry of
judgment, which was filed February 11, 2022, and presented to the court at a
hearing on the motion on May 4, 2022.* Relator has informed this Court that the
trial court has entered final judgment.
*
The underlying case is Riley v. Caridas, Cause Number 2016-04629, pending in
the 281st District Court of Harris County, Texas, the Honorable Christine Weems
presiding.
This Court cannot decide a case that has become moot. See Heckman v.
Williamson Cnty., 369 S.W.3d 137, 162 (Tex. 2012); In re Salverson, No. 01-12-
00384-CV, 2013 WL 557264, at *1 (Tex. App.—Houston [1st Dist.] Feb. 14,
2013, orig. proceeding) (mem. op.). “If a case is or becomes moot, the court must
vacate any order or judgment previously issued and dismiss the case for want of
jurisdiction.” Heckman, 369 S.W.3d at 162. Because the trial court granted the
requested relief, we must dismiss the mandamus proceeding as moot. See In re
Kellogg Brown & Root, Inc., 166 S.W.3d 732, 737 (Tex. 2005) (orig. proceeding)
(“A case becomes moot if a controversy ceases to exist between the parties at any
stage of the legal proceedings . . . .”); In re Jackson, No. 01-12-00020-CV, 2012
WL 405707, at *1 (Tex. App.—Houston [1st Dist.] Feb. 9, 2012, no pet.) (mem.
op.) (dismissing petition for writ of mandamus as moot because relator had
received requested relief).
Accordingly, we dismiss the petition for writ of mandamus as moot. We
dismiss any pending motions as moot.
PER CURIAM
Panel consists of Justices Kelly, Countiss, and Rivas-Molloy.
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