in Re: Dennis Hood, Relator

NO. 07-01-0501-CV

IN THE COURT OF APPEALS

FOR THE SEVENTH DISTRICT OF TEXAS

AT AMARILLO

PANEL A

JANUARY18, 2002

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IN RE DENNIS HOOD, RELATOR

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Before BOYD, C.J., and REAVIS and JOHNSON, JJ.

MEMORANDUM OPINION ⁽¹⁾

By this original proceeding, relator Dennis Hood, proceeding pro se and in forma pauperis, seeks a writ of mandamus to compel the judge of the 181st District Court of Potter County to issue a bench warrant for him to return to Potter County for a new trial after his conviction was reversed and the cause remanded for further proceedings on April 29, 1997. For the reasons expressed herein, we deny the petition for writ of mandamus.

Pursuant to this Court's request, the State filed a response to relator's petition indicating that relator's case is presently set for trial at the March or April 2002 docket. The State also attached certified copies of an Application for Bench Warrant and Bench Warrant to have relator brought before the 181st District Court of Potter County for a hearing on February 4, 2002. Inasmuch as the relief sought to be compelled by relator's petition has been performed, this proceeding is moot and this Court will not issue a meaningless writ. Continental Oil Company v. Lesher, 500 S.W.2d 183, 186 (Tex.Civ.App.-Houston [1st Dist.] 1973, no writ); see also Correa v. First Court of Appeals, 795 S.W.2d 704, 705 (Tex. 1990) (holding that appellate courts do not decide cases in which no controversy exists between the parties).

Accordingly, the petition for writ of mandamus is denied as moot.

Don H. Reavis

Justice

Do not publish.

1. Tex. R. App. P. 47.1.

r an extension of time in which to file the reporter's record indicating that he was unable to complete an approximate 50-page record due to his case load and was given until December 2, 2002. The record has yet to be filed and no further request for an extension of time was filed. Thus, we now abate the appeal and remand the cause to the trial court for further proceedings. See Tex. R. App. P. 37.3(a)(2).

Upon remand, the trial court shall immediately cause notice of a hearing to be given and, thereafter, conduct a hearing to determine the following:

1. whether appellant desires to prosecute this appeal, and if so,

2. why appellant has been deprived of a reporter's record.

The trial court shall cause the hearing to be transcribed. Should it be determined that appellant does want to continue this appeal and is indigent, then the trial court shall also take such measures as may be necessary to assure appellant a reporter's record. The trial court shall execute findings of fact, conclusions of law, and such orders as the court may enter regarding the aforementioned issues, and cause its findings and conclusions to be included in a supplemental clerk's record. A supplemental record of the hearing shall also be included in the appellate record. Finally, the trial court shall file the supplemental records with the Clerk of this Court by Friday, February 21, 2003.

It is so ordered.

Per Curiam

Do not publish.

1. John T. Boyd, Chief Justice (Ret.), Seventh Court of Appeals, sitting by assignment.