in Re Luis S. Lagaite, Jr., Relator ( 2011 )

NO. 07-11-0398-CV
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL B
NOVEMBER 9, 2011
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In re: LUIS S. LAGAITE, JR.,
Relator
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On Original Proceeding for Writ of Mandamus
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Before QUINN, C.J., and CAMPBELL and HANCOCK, JJ.
Pending before the court is the application of Luis S. Lagaite, Jr., for a writ of
mandamus. He asks us to order the Honorable Ana Estevez, 251st District Court, to
schedule a hearing and act upon various motions pending in a suit he initiated. The
motions include “Motion Requesting Assistance of Counsel [Exhibit A],” “Motion for
Hearing on the Merits of the Case[Exhibit B],” “Bench Warrant [Exhibit C],” “Writ of
Habeas Corpus Ad Testificandum [Exhibit D],” and various other pleadings attacking the
finding by the trial court that appellant is a vexatious litigant. We dismiss the petition as
moot.
On October 26, 2011, we directed Judge Estevez to respond to relator’s petition
for mandamus. On November 4, 2011, Judge Estevez filed her response wherein she
attached copies of the following orders: 1) order denying appointment of counsel, 2)
order denying bench warrant, and 3) order setting aside September 13, 2011 order
wherein the relator was found to be a vexatious litigant and setting the matter for
hearing on January 4, 2012. A copy of the documents evincing the actions are attached
to this opinion as Exhibit A.
Accordingly, we do not reach the merits of the issues raised, and the petition for
writ of mandamus is dismissed as moot. See In re Duncan, 62 S.W.3d 333, 334 (Tex.
App.–Houston [1st Dist.] 2001, orig. proceeding).
Per Curiam
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