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In Re Priscilla Graham Individually and A/N/F of Minor Child E.S. v. the State of Texas ( 2024 )


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  • In The Court of Appeals Ninth District of Texas at Beaumont __________________ NO. 09-24-00105-CV __________________ IN RE PRISCILLA GRAHAM INDIVIDUALLY AND A/N/F OF MINOR CHILD E.S. __________________________________________________________________ Original Proceeding 457th District Court of Montgomery County, Texas Trial Cause No. 24-01-01649-CV __________________________________________________________________ MEMORANDUM OPINION In a petition for a writ of mandamus, Priscilla Graham Individually and as next friend of Minor Child E.S. argued that the trial court abused its discretion in a bill of review case by signing a temporary restraining order on efforts to enforce the default judgment in the underlying case being challenged by the bill of review. On April 9, 2024, the Clerk of the Court issued a letter that notified the parties that the trial court had signed a temporary injunction, the appellate court had docketed the accelerated appeal from the temporary injunction as Appeal Number 09-24-00105- CV, and that this mandamus proceeding would be dismissed as moot unless a party 1 filed a written response showing grounds for continuing this original proceeding. No party responded to the Clerk’s notice. We conclude that this original proceeding has become moot, no exception to the doctrine of mootness applies, and we lack jurisdiction over this original proceeding. Accordingly, we dismiss the petition for a writ of mandamus without reference to the merits. PETITION DISMISSED. PER CURIAM Submitted on May 8, 2024 Opinion Delivered May 9, 2024 Before Golemon, C.J., Horton and Wright, JJ. 2

Document Info

Docket Number: 09-24-00105-CV

Filed Date: 5/9/2024

Precedential Status: Precedential

Modified Date: 5/10/2024