in Re Irma Ybarra ( 2014 )

NUMBER 13-14-00621-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
IN RE IRMA YBARRA
On Petition for Writ of Mandamus.
MEMORANDUM OPINION
Before Chief Justice Valdez and Justices Garza and Longoria
Memorandum Opinion Per Curiam1
On October 24, 2014, relator Irma Ybarra filed a petition for writ of mandamus
requesting that we compel the trial court to rule on relator’s motion to transfer venue of
the underlying suit affecting the parent-child relationship to Denton County, Texas. See
TEX. FAM. CODE ANN. § 155.204(c) (West, Westlaw through 2013 3d C.S.). Relator further
sought emergency relief staying any further proceedings in the trial court pending
resolution of this original proceeding. By order issued that same day, this Court granted
1 See TEX. R. APP. P. 52.8(d) (“When denying relief, the court may hand down an opinion but is not
required to do so.”); TEX. R. APP. P. 47.4 (distinguishing opinions and memorandum opinions).
relator’s request for emergency relief and ordered the trial court proceedings to be stayed
pending further order of this Court, or until the case is finally decided. See TEX. R. APP.
P. 52.10(b) (“Unless vacated or modified, an order granting temporary relief is effective
until the case is finally decided.”). The Court further requested that the real party in
interest, Roland Marcha, or any others whose interest would be directly affected by the
relief sought, file a response to the petition for writ of mandamus. See id. R. 52.2, 52.4,
52.8.
On November 3, 2014, Marcha filed a response to the petition for writ of mandamus
stating, in relevant part, that he “agreed [the case] should be transferred.” This Court has
also received an order signed by the trial court on October 20, 2014, transferring the
underlying suit to Denton County, Texas.
The Court, having examined and fully considered the petition for writ of mandamus
and the response, is of the opinion that this matter has been rendered moot. See In re
Kellogg Brown & Root, Inc., 166 S.W.3d 732, 737 (Tex. 2005) (“A case becomes moot if
a controversy ceases to exist between the parties at any stage of the legal proceedings.”);
State Bar of Tex. v. Gomez, 891 S.W.2d 243, 245 (Tex. 1994) (stating that, for a
controversy to be justiciable, there must be a real controversy between the parties that
will be actually resolved by the judicial relief sought). Accordingly, the Court LIFTS the
stay that was previously imposed in this cause and DISMISSES the petition for writ of
mandamus as moot. See TEX. R. APP. P. 52.8(a).
PER CURIAM
Delivered and filed the
12th day of November, 2014.
2