in Re Richard Alvarez, Petra Davina Trevino-Rodriguez, and Eliberto Roy Trevino ( 2014 )

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-14-00587-CV
IN RE Richard ALVAREZ, Petra Davina Trevino-Rodriguez,
and Eliberto Roy Trevino
Original Mandamus Proceeding 1
PER CURIAM
Sitting: Karen Angelini, Justice
Rebeca C. Martinez, Justice
Patricia O. Alvarez, Justice
Delivered and Filed: September 3, 2014
PETITION FOR WRIT OF MANDAMUS DISMISSED FOR LACK OF JURISDICTION
On August 13, 2014, relators Richard Alvarez, Petra Davina Trevino-Rodriguez, and
Eliberto Roy Trevino filed a petition for writ of mandamus complaining of the trial court’s ex parte
temporary restraining order granted on August 12, 2014.
Respondent signed an ex parte temporary restraining order which prevented relators from
engaging in their duties as mayor, city council member, and city manager for the City of Pearsall.
Relators commenced this original proceeding, challenging the restraining order as a void order
issued without authority. Relators also requested emergency relief to temporarily stay the
enforcement of the challenged order. On August 14, 2014, this court issued an order temporarily
1
This proceeding arises out of Cause No. 14-08-00236-CVF, styled Concerned Citizens of Pearsall and Henry
Martinez v. City of Pearsall, TX; Petra Davina Trevino-Rodriguez, Individually; Eliberto Roy Trevino, Individually;
and Richard Alvarez, Individually, pending in the 218th Judicial District Court, Frio County, Texas, the Honorable
Dick Alcala presiding.
04-14-00587-CV
staying the enforcement of the temporary restraining order and requesting a response to the petition
for writ of mandamus. Relators did not request that this court stay the expiration of the temporary
restraining order, and we did not do so. The temporary restraining order expired by its own terms
on August 26, 2014.
Ordinarily, the expiration of a temporary restraining order renders challenges to its issuance
moot. See Hermann Hosp. v. Tran, 730 S.W.2d 56, 57 (Tex. App.—Houston [14th Dist.] 1987, no
writ). Because the temporary restraining order challenged in this proceeding has expired by its
own terms, we conclude, without reaching the merits of the challenges asserted, that the petition
for writ of mandamus has become moot and should be dismissed. Accordingly, the petition for
writ of mandamus is dismissed for lack of jurisdiction. See, e.g., Valley Baptist Med. Ctr. v.
Gonzalez, 33 S.W.3d 821, 822 (Tex. 2000) (holding that appellate courts have no jurisdiction to
issue advisory opinions where issues raised in a pending matter have become moot).
PER CURIAM
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