In Re Jack Lee King v. the State of Texas

NUMBER 13-25-00453-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI – EDINBURG

IN RE JACK LEE KING

ON PETITION FOR WRIT OF MANDAMUS

MEMORANDUM OPINION

Before Justices Silva, Peña, and West
Memorandum Opinion by Justice Silva1

Relator Jack Lee King filed a pro se petition for writ of mandamus seeking to

compel the trial court to release funds being held in the registry of the trial court. Because

relator has received his requested relief, we dismiss this original proceeding as moot.

A writ of mandamus is an extraordinary remedy available only when the trial court

clearly abused its discretion and the party seeking relief lacks an adequate remedy on

1 See TEX. R. APP. P. 52.8(d) (“When denying relief, the court may hand down an opinion but is not

required to do so. When granting relief, the court must hand down an opinion as in any other case.”); id. R.
47.1 (“The court of appeals must hand down a written opinion that is as brief as practicable but that
addresses every issue raised and necessary to final disposition of the appeal.”); id. R. 47.4 (explaining the
distinction between opinions and memorandum opinions).
appeal. In re Ill. Nat’l Ins., 685 S.W.3d 826, 834 (Tex. 2024) (orig. proceeding). “The

relator bears the burden of proving these two requirements.” In re H.E.B. Grocery Co.,

492 S.W.3d 300, 302 (Tex. 2016) (orig. proceeding) (per curiam); Walker v. Packer, 827

S.W.2d 833, 840 (Tex. 1992) (orig. proceeding).

The Court, having examined and fully considered the petition for writ of mandamus,

the response filed by real party in interest Jonelle Drury King, and the records filed in this

original proceeding, is of the opinion that this original proceeding should be dismissed.

On November 6, 2025, the trial court held a hearing regarding relator’s request to release

the funds, and on November 12, 2025, the trial court signed an agreed order directing the

District Clerk of Nueces County, Texas, to release the funds at issue pursuant to relator’s

request. Therefore, relator has received the relief requested in his petition for writ of

mandamus, and this original proceeding has been rendered moot. See In re Contract

Freighters, Inc., 646 S.W.3d 810, 813 (Tex. 2022) (orig. proceeding) (per curiam);

Heckman v. Williamson County, 369 S.W.3d 137, 162 (Tex. 2012); In re Kellogg Brown &

Root, Inc., 166 S.W.3d 732, 737 (Tex. 2005) (orig. proceeding). Having previously abated

this matter, we now reinstate this original proceeding, and we dismiss it as moot.

CLARISSA SILVA
Justice
Delivered and filed on the
3rd day of December, 2025.

2