in Re James H. Gentry ( 2021 )

DISMISSED and Opinion Filed June 4, 2021
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-20-00442-CV
IN RE JAMES H. GENTRY, Relator
Original Proceeding from the 199th Judicial District Court
Collin County, Texas
Trial Court Cause Nos. 199-81623-2007, 199-81624-2007,
199-81625-2007, 199-81626-2007 & 199-81627-2007
MEMORANDUM OPINION ON REHEARING
Before Justices Pedersen, III, Carlyle, and Garcia
Opinion by Justice Garcia
In this original proceeding, James H. Gentry filed a petition for writ of
mandamus requesting the Court to compel the trial court to rule on his motion for
order nunc pro tunc to correct the trial court’s judgments. After the Court initially
denied relief, relator filed an amended petition and requested rehearing. The Court
granted relator’s motion for rehearing and requested a response from the respondent
and real party in interest. The State, as real party in interest, has filed a response
contending this proceeding is moot because the trial court has issued an April 26,
2021 order denying relator’s motion.
The trial court’s order denying relief gives to relator all the mandamus relief
he is seeking and is entitled to, thus rendering this proceeding moot. See In re
Bonilla, 424 S.W.3d 528, 534 (Tex. Crim. App. 2014) (original proceeding); In re
Harvey, No. 05-16-00155-CV, 2016 WL 1019377, at *1 (Tex. App.—Dallas Mar.
15, 2016, orig. proceeding) (mem. op.). The proper course of action is to dismiss
the proceeding. See Bonilla, 424 S.W.3d at 534; In re Metropolitan Lloyds Ins. Co.,
227 S.W.3d 785, 786 (Tex. App.—Dallas 2006, orig. proceeding) (mem. op.).
Accordingly, we dismiss this original proceeding as moot.
/Dennise Garcia/
DENNISE GARCIA
JUSTICE
200442F.P05
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