in Re Pierre Pion ( 2015 )

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-15-00274-CV
EX PARTE Pierre R. PION
Original Habeas Corpus Proceeding 1
PER CURIAM
Sitting: Marialyn Barnard, Justice
Rebeca C. Martinez, Justice
Jason Pulliam, Justice
Delivered and Filed: July 15, 2015
PETITION FOR WRIT OF HABEAS CORPUS DISMISSED AS MOOT
On May 4, 2015, relator Pierre R. Pion filed a petition for writ of habeas corpus. Pion
sought to vacate a November 2014 trial court order finding him in contempt and authorizing his
arrest and confinement. The challenged order was signed by the Honorable Janet Littlejohn, who
is no longer the presiding judge of the 150th Judicial District Court, Bexar County, Texas. This
court abated the original proceeding on May 5, 2015, to allow the newly elected judge of the 150th
Judicial District Court to reconsider the predecessor judge’s order. See TEX. R. APP. P. 7.2(b).
On June 1, 2015, this court received an order from the new trial judge, vacating the order
complained of in this original proceeding. In our order of abatement, we also ordered Pion as the
relator to provide this court with either an amended petition or an appropriate motion to dismiss
1
This proceeding arises out of Cause No. 2011-CI-16008, styled Rhonda Gay Pion v. Pierre R. Pion, pending in the
407th Judicial District Court, Bexar County, Texas, the Honorable Janet Littlejohn presiding.
04-15-00274-CV
following the trial court’s ruling on reconsideration. Relator has not filed an amended petition, a
motion to dismiss, or any other pleading addressing the effect of the trial court’s order signed June
1. However, because the challenged order has been vacated, we conclude the petition for writ of
habeas corpus is appropriately dismissed as moot. See, e.g., In re Bergenholtz, No. 05-15-00350-
CV, 2015 WL 1383110, at *1 (Tex. App.—Dallas Mar. 25, 2015, orig. proceeding) (citing Ex
Parte Mascorro, No. 04-11-00795-CV, 2011 WL 6009095, at *1 (Tex. App.—San Antonio Nov.
30, 2011, orig. proceeding) (“Because relator is no longer confined, we have determined this
petition is now moot.”).
PER CURIAM
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