In Re Yoltzin Mariella Hollibaugh v. the State of Texas ( 2024 )

Opinion issued April 18, 2024
In The
Court of Appeals
For The
First District of Texas
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NO. 01-23-00662-CV
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IN RE YOLTZIN MARIELLA HOLLIBAUGH, Relator
Original Proceeding on Petition for Writ of Mandamus
MEMORANDUM OPINION
Relator Yoltzin Mariella Hollibaugh filed a petition for writ of mandamus
challenging a temporary order entered by the trial court on August 25, 2023. 1 The
temporary order was entered in a modification suit and prevented relator from
moving with the minor child to Mexico. On December 1, 2023, real party in
interest David Michael Wise filed a motion to dismiss the mandamus petition as
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The underlying case is In the Interest of [name redacted], A Child, cause number
2018-00554, pending in the 246th District Court of Harris County, Texas, the
Honorable Angela Harrington presiding.
moot. On December 4, 2023, Wise filed an amended motion to dismiss. Wise
stated in the motion’s certificate of conference that, after conferring with relator’s
counsel, he understood that relator’s counsel and the amicus attorney agree with
the motion. No opposition to the motion to dismiss was filed.
A case becomes moot if there is no longer “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.” Heckman v. Williamson
Cty., 369 S.W.3d 137, 162 (Tex. 2012). “If a proceeding becomes moot, the court
must dismiss the proceeding for want of jurisdiction.” In re Salverson, No. 01-12-
00384-CV, 2013 WL 557264, at *1 (Tex. App.—Houston [1st Dist.] Feb. 14,
2013, orig. proceeding) (citing Heckman, 369 S.W.3d at 162)).
Wise states that the trial court held a trial of the underlying case from
November 6–8, 2023 and rendered a ruling as shown by the attached docket sheet.
Moreover, the Court notes that relator has now filed an appeal from the trial court’s
final judgment signed on January 3, 2024.
We grant the motion and dismiss the mandamus petition. Any other pending
motions are also dismissed as moot.
PER CURIAM
Panel consists of Justices Kelly, Countiss, and Rivas-Molloy.
2