In Re Jonathan Pfaff and Elania Pfaff v. the State of Texas ( 2024 )

Motion Granted; Petition for Writ of Mandamus Dismissed and
Memorandum Opinion filed March 26, 2024.
In The
Fourteenth Court of Appeals
NO. 14-24-00151-CV
IN RE JONATHAN PFAFF AND ELANIA PFAFF, Relators
ORIGINAL PROCEEDING
WRIT OF MANDAMUS
300th District Court
Brazoria County, Texas
Trial Court Cause No. 127200-F
MEMORANDUM OPINION
On Friday, March 1, 2024, relators Jonathan Pfaff and Elania Pfaff filed a
petition for writ of mandamus in this Court. See Tex. Gov’t Code Ann. § 22.221;
see also Tex. R. App. P. 52. In the petition, relator asks this Court to compel the
Honorable Judge Leigh Hughes Lehmann, associate judge of the 300th District
Court of Brazoria County, to vacate the “Order in Aid of Investigation of Child
Abuse or Neglect.”1 On March 5, 2024, this Court stayed the execution of the
order pending a decision on the petition for writ of mandamus.
On March 11, 2024, real party in interest, the Department of Family and
Protective Services, filed a motion to dismiss this original proceeding as moot
because on March 7, 2024 the trial court dismissed the underlying case after the
Department nonsuited its case against relators. On March 14, 2024, relators filed a
response stating they do not oppose real party in interest’s motion.
Relators' requested relief in the petition for writ of mandamus is now moot.
We lift the stay and grant the Department’s motion to dismiss for want of
subject-matter jurisdiction.
PER CURIAM
Panel consists of Justices Jewell, Spain, Hassan.
1
Honorable Leigh Hughes Lehmann is an associate judge in the 300th District Court of Brazoria
County. Hon. Chad D. Bradshaw is the presiding judge. Hon. Leigh Hughes Lehmann signed the order.
See Tex. Gov’t Code Ann. § 22.221(c)(2) (writ power over associate judges).
2