in Re Jasmine B. Cuellar ( 2020 )


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  •                            NUMBER 13-20-00362-CV
    COURT OF APPEALS
    THIRTEENTH DISTRICT OF TEXAS
    CORPUS CHRISTI - EDINBURG
    IN RE JASMINE B. CUELLAR
    On appeal from the 404th District Court
    of Cameron County, Texas.
    MEMORANDUM OPINION
    Before Justices Hinojosa, Perkes, and Tijerina
    Memorandum Opinion by Justice Hinojosa
    Relator Jasmine B. Cuellar filed a petition for writ of mandamus and motion for
    emergency relief in the above cause. Relator contends that the trial court abused its
    discretion, leaving her without an adequate appellate remedy, by granting real party in
    interest, Adam T. Garcia, Jr.’s request for temporary orders pending the trial court’s final
    ruling on Garcia’s petition to modify the parent-child relationship.
    We granted relator’s motion for emergency relief, staying the trial court’s temporary
    orders until further order of this Court. Subsequently, relator filed a “Request for
    Abatement” advising the Court that the respondent in this original proceeding, the
    Honorable Elia Cornejo Lopez, presiding judge of the 404th Judicial District Court of
    Cameron County, Texas, recused herself from the underlying proceedings. We granted
    the request for abatement and remanded the matter to the trial court to afford the
    successor judge, the Honorable Martin Chiuminatto, the opportunity to consider the
    rulings at issue. A supplemental clerk’s record has since been filed containing an order
    signed by Judge Chiuminatto that vacates the complained-of temporary orders.
    The Court, having examined and fully considered the petition for writ of mandamus
    is of the opinion that this matter has been rendered moot. See Heckman v. Williamson
    County, 
    369 S.W.3d 137
    , 162 (Tex. 2012) (“A case becomes moot if, since the time of
    filing, there has ceased to exist a justiciable controversy between the parties—that is, if
    the issues presented are no longer ‘live,’ or if the parties lack a legally cognizable interest
    in the outcome.”); In re Kellogg Brown & Root, Inc., 
    166 S.W.3d 732
    , 737 (Tex. 2005)
    (orig. proceeding) (stating that 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); see also In re Smith County, 
    521 S.W.3d 447
    , 455 (Tex. App.—Tyler 2017,
    orig. proceeding).
    Accordingly, we reinstate the case and DISMISS the petition for writ of mandamus
    as moot. See TEX. R. APP. P. 52.8(a); see also In re State Farm Lloyds, No. 13-17-00702-
    CV, 
    2018 WL 387781
    , at *1 (Tex. App.—Corpus Christi–Edinburg Jan. 12, 2018, no pet.).
    2
    LETICIA HINOJOSA
    Justice
    Delivered and filed the
    17th day of December, 2020.
    3
    

Document Info

Docket Number: 13-20-00362-CV

Filed Date: 12/17/2020

Precedential Status: Precedential

Modified Date: 12/21/2020