in Re: James Dondero ( 2020 )

DISMISS; Opinion Filed October 7, 2020
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-20-00066-CV
IN RE JAMES DONDERO, Relator
Original Proceeding from the 256th Judicial District Court
Dallas County, Texas
Trial Court Cause No. DF-11-16417
MEMORANDUM OPINION
Before Justices Schenck, Partida-Kipness, and Nowell
Opinion by Justice Schenck
In this original proceeding, Relator James Dondero contends the trial court
erred by determining attorney’s fees incurred by real party Rebecca Lange in
connection with a post-judgment debt collection action were authorized by and could
be awarded to real party under the Texas Family Code.
By order dated August 18, 2020, we remanded this case to the trial court and
ordered the trial court to conduct a new hearing on real party in interest’s October 3,
2018 Motion To Reconsider Debt Collections Attorney’s Fees. On October 5, 2020,
relator filed a motion to withdraw his petition for writ of mandamus. Relator
attached to that motion a September 9, 2020 order from the trial court vacating the
October 21, 2019 order challenged in relator’s petition for writ of mandamus.
Because the trial court has vacated the order that was the subject of relator’s
petition for extraordinary relief, his petition is moot. We conclude that Relator’s
motion should be granted. Accordingly, we reinstate this original proceeding, lift
the order of stay, grant relator’s motion to withdraw, and dismiss as moot relator’s
petition for writ of mandamus. See TEX. R. APP. P. 42.1(a)(1); In re Arnold, No. 05-
19-00843-CV, 2019 WL 3812061, at *1 (Tex. App.—Dallas Aug. 14, 2019, orig.
proceeding) (mem. op.).
/David J. Schenck/
DAVID J. SCHENCK
JUSTICE
200066F.P05
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