in Re Shayna (Deboise) Herring ( 2015 )

Opinion issued July 7, 2015
In The
Court of Appeals
For The
First District of Texas
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NO. 01-14-00989-CV
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IN RE SHAYNA (DEBOISE) HERRING, Relator
Original Proceeding on Petition for Writ of Habeas Corpus
MEMORANDUM OPINION
On December 12, 2014, the relator, Shayna (Deboise) Herring, filed a
redacted petition for a writ of habeas corpus arising from a contempt proceeding
where the trial court’s December 11, 2014 commitment order sentenced her to 180
days in jail to be served on weekends beginning Friday, December 12, 2014, at
6:00 p.m.1 Herring’s habeas petition sought to vacate or revise the trial court’s
December 11, 2014 commitment order, or to suspend it and order her discharged
from custody pending resolution of her petition by this Court. On December 12,
2014, we ordered Herring discharged from custody upon her filing a $500.00 bond
pending further consideration of her petition, and requested a response from the
real party in interest, Caston Lee Deboise, Herring’s ex-husband. We received the
real party in interest’s response and further received Herring’s reply.
On February 25, 2015, Herring filed a motion to abate her habeas petition to
allow the new presiding judge to reconsider the challenged order holding Herring
in contempt, signed on December 11, 2014, by the previous presiding judge. See
TEX. R. APP. P. 7.2(a). On March 3, 2015, this Court granted Herring’s motion to
abate. On June 2, 2015, the trial clerk filed a supplemental clerk’s record in this
Court containing the trial court’s revised order, signed on May 4, 2015, which
vacated the challenged order of contempt.
Because it appeared that this Court may no longer have jurisdiction after the
trial court vacated the challenged order, since Herring had received the relief she
requested in her habeas petition, this Court issued an order and notice of intent to
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The underlying case is In the Interest of J.P.D., A Child, Cause No. 2010-45732,
in the 247th Judicial District Court of Harris County, Texas, the Honorable John
Schmude, currently presiding.
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dismiss on June 11, 2015, reinstating the case and ordering Herring to file a written
response within ten days showing how this Court has jurisdiction or else this
petition might be dismissed. No timely response was filed.
Thus, because Herring has received the relief requested in her habeas
petition, we dismiss the petition as moot. See In re Jackson, No. 01-12-00020-CV,
2012 WL 405707, at *1 (Tex. App.—Houston [1st Dist.] Feb. 9, 2012, orig.
proceeding) (mem. op.) (dismissing mandamus petition as moot after relator
received relief requested) (citing In re Duncan, 62 S.W.3d 333, 334 (Tex. App.—
Houston [1st Dist.] 2001, orig. proceeding) (per curiam) (dismissing mandamus
petition seeking to vacate arrest warrant as moot after trial court issued another
order withdrawing prior arrest warrant)).
CONCLUSION
Accordingly, we dismiss Herring’s petition for a writ of habeas corpus as
moot. See TEX. R. APP. P. 52.8(a). We dismiss any pending motions as moot.
PER CURIAM
Panel consists of Chief Justice Radack and Justices Higley and Massengale.
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