in Re Bobby B. Dash

Opinion issued July 26, 2018
In The
Court of Appeals
For The
First District of Texas
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NO. 01-18-00350-CV
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IN RE BOBBY B. DASH, Relator
Original Proceeding on Petition for Writ of Mandamus
MEMORANDUM OPINION
Relator, Bobby B. Dash, proceeding pro se, filed a petition for writ of
mandamus seeking to have this Court compel the respondent district judge to rule
on relator’s pending motion for partial summary judgment, supplemental motion for
summary judgment, and second motion for summary judgment in the underlying
trial court proceeding.1 This Court requested and received a response.
1
The underlying proceeding is Bobby B. Dash v. Parc Lake Estates Homeowners
Association, Inc., and Carl Edward Bovermann, John Mgbere, Tracy Hermann,
The real parties in interest filed a letter in this Court contending that the
petition has been rendered moot after the respondent denied both of relator’s motions
on June 20, 2018, and they attached certified copies of the orders. Relator filed a
letter in response requesting that this Court grant the petition first and then dismiss
the case as moot. See TEX. R. APP. P. 56.2. However, because the respondent has
ruled on relator’s pending motions, this Court no longer has jurisdiction to grant
relief because the petition is moot. See Tex. A&M Univ.–Kingsville v. Yarbrough,
347 S.W.3d 289, 290–91 (Tex. 2011); In re Jackson, No. 01–12–00020–CV, 2012
WL 405707, at *1 (Tex. App.—Houston [1st Dist.] Feb. 9, 2012, orig. proceeding)
(mem. op.) (dismissing mandamus petition as moot after relator received relief
requested).
Accordingly, we dismiss the petition for want of jurisdiction as moot.
PER CURIAM
Panel consists of Justices Keyes, Bland, and Massengale.
Cause No. 2017-16096, in the 152nd District Court, Harris County, the Honorable
Robert K. Schaffer presiding.
2