in Re: Donald Davis ( 2015 )

Dismiss and Opinion Filed July 30, 2015
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-15-00855-CV
IN RE DONALD DAVIS, Relator
Original Proceeding from the 191st Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-15-07331
MEMORANDUM OPINION
Before Justices Wright, Bridges, and Brown
Opinion by Justice Bridges
Relator filed this petition for writ of mandamus requesting that the Court order the judge
of the 191st Judicial District Court to order the district clerk to file his original petition alleging
violations of the Fair Credit Reporting Act by the Attorney General – Child Support Division.
The district clerk’s office has already taken the action the relator wishes us to compel the trial
judge to order. The district clerk’s office filed relator’s original petition on June 30, 2015 in
cause number DC-15-07331. For that reason, a justiciable controversy does not exist. 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) (orig. proceeding)
(stating that for controversy to be justiciable, there must be a real controversy between the parties
that will be actually resolved by the judicial relief sought); Dow Chem. Co. v. Garcia, 909
S.W.2d 503, 505 (Tex. 1995) (orig. proceeding) (court will not issue mandamus if it would be
useless or unavailing). We DISMISS the petition for lack of jurisdiction.
150855F.P05 /David L. Bridges/
DAVID L. BRIDGES
JUSTICE
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