in Re Texas Department of Family and Protective Services ( 2008 )

IN THE
TENTH COURT OF APPEALS
No. 10-08-00268-CV
IN RE TEXAS DEPARTMENT OF FAMILY
AND PROTECTIVE SERVICES
No. 10-08-00270-CV
IN RE JAMES EHLERS
Original Proceeding
MEMORANDUM OPINION
The Department of Family and Protective Services filed an application with this
Court for the issuance of a writ of mandamus against the Respondent, Honorable Greg
Wilhelm, Judge of the County Court at Law No. 1 of Ellis County. James Ehlers, joined
by attorney ad litem Gloria Ortiz, also filed a mandamus application against Judge
Wilhelm. In both applications, the parties contend that Respondent abused his
discretion by refusing to enter a final judgment memorializing the jury’s verdict in a
parental-rights termination case and by issuing an order appointing a transition master
and a transition coordinator. Ehlers further contends that Respondent abused his
discretion because the transition order effectively denies him access to his daughter.
However, the trial court has since signed a final judgment and a separate order
vacating its transition order. Accordingly, we dismiss the mandamus applications as
moot. See In re Jaramillo, 164 S.W.3d 774, 775 (Tex. App.—Texarkana 2005, orig.
proceeding).
FELIPE REYNA
Justice
Before Chief Justice Gray,
Justice Vance, and
Justice Reyna
Petitions dismissed
Opinion delivered and filed September 17, 2008
[OT06]
In re Tex. Dep’t of Family & Protective Servs. Page 2