in Re: Gbenga M. Funmilayo

DISMISS and Opinion Filed October 6, 2020
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-20-00627-CV
No. 05-20-00628-CV
IN RE GBENGA M. FUNMILAYO, Relator
Original Proceedings from the County Court at Law No. 7
Collin County, Texas
Trial Court Cause No. 007-02520-2019 & 007-01076-2020
MEMORANDUM OPINION
Before Chief Justice Burns, Justice Osborne, and Justice Reichek
Opinion by Chief Justice Burns
In these original proceedings, relator Gbenga M. Funmilayo seeks a writ of
mandamus compelling the trial court (1) to approve or otherwise determine the
sufficiency of the cash deposit in lieu of supersedeas bond he provided, and (2) to
set his motion to dissolve the writ of garnishment for a hearing. By order dated
September 1, 2020, we requested a response. Both real party and respondent filed
responses informing the Court that the matter had been set for a hearing, and as a
result, these original proceedings are moot.
When, as here, a court cannot take any action that can effect the requested
relief, and thus the order will have no practical result, the court should dismiss the
petition for writ of mandamus as moot. See Dow Chem. Co. v Garcia, 909 S.W.2d
503, 505 (Tex. 1995) (directing trial courts to vacate severance orders would have
no effect, thus, mandamus proceeding was moot); see also In re Gill, 2005 WL
120881, * 1 (Tex. App—Texarkana 2205, orig. proceeding) (because trial court set
matter for hearing as requested, mandamus relief sought was moot). Because the
respondent has set the matter for a hearing, these original proceedings are moot.
Accordingly, we dismiss these original proceedings.
/Robert D. Burns, III/
ROBERT D. BURNS, III
CHIEF JUSTICE
200627F.P05
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