in Re Ovidio Garcia Jr. ( 2015 )

NUMBER 13-15-00596-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
IN RE OVIDIO GARCIA JR.
On Petition for Writ of Mandamus.
MEMORANDUM OPINION
Before Chief Justice Valdez and Justices Rodriguez and Benavides
Memorandum Opinion Per Curiam1
On December 17, 2015, relator Ovidio Garcia Jr., proceeding pro se, filed a petition
for writ of mandamus seeking to compel the assigned judge to set a hearing on relator’s
motion to recuse the trial court judge. This Court requested that the real parties in
interest, Omar Escobar, et al., or any others whose interest would be directly affected by
the relief sought, file a response to the petition for writ of mandamus. See TEX. R. APP.
P. 52.2, 52.4, 52.8. The Court has now received a notice that the motion to recuse has
been set for telephonic hearing on January 6, 2016.
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See TEX. R. APP. P. 52.8(d) (AWhen 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).
We conclude that this original proceeding has been rendered 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 . . .”); 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 DISMISSES the petition for writ of mandamus as moot. See TEX. R. APP. P.
52.8(a). This dismissal is without prejudice to refiling with regard to the relator’s request
for a timely ruling on his motion to recuse.
PER CURIAM
Delivered and filed the
29th day of December, 2015.
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