In Re: Byron Keith McHanny v. the State of Texas

DISMISSED and Opinion Filed August 7, 2024

S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-24-00899-CV

IN RE BYRON KEITH MCHANNY, Relator

Original Proceeding from the 303rd Judicial District Court
Dallas County, Texas
Trial Court Cause No. DF-16-15496

MEMORANDUM OPINION
Before Justices Partida-Kipness, Nowell, and Miskel
Opinion by Justice Miskel
Before the Court is relator’s July 31, 2024 petition for writ of mandamus

challenging the trial court’s temporary orders. Based on our review of the petition

and record, however, the trial court has since issued a final order resolving all claims

at issue. “It is well-settled that a temporary order is superseded by entry of a final

order, rendering moot any complaint about the temporary order.” Interest of B.W.S.,

No. 05-20-00343-CV, 2022 WL 2712494, at *4 (Tex. App.—Dallas July 13, 2022,

no pet.) (mem. op. nunc pro tunc). We lack jurisdiction over a moot proceeding. See

Elec. Reliability Council of Tex., Inc. v. Panda Power Generation Infrastructure
Fund, LLC, 619 S.W.3d 628, 634–35 (Tex. 2021) (orig. proceeding) (discussing

mootness doctrine).

Accordingly, we dismiss relator’s petition for writ of mandamus for lack of

jurisdiction. See id. Additionally, based on our review, relator’s petition and its

attached appendix contain unredacted sensitive data—such as a minor’s birthdate—

in violation of the Texas Rules of Appellate Procedure. See TEX. R. APP. P. 9.9.

Accordingly, we strike relator’s petition and its attached appendix.

/Emily Miskel/
EMILY MISKEL
240899F.P05 JUSTICE

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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT

CAMILLE COOPER, ROBERT On Appeal from the 471st Judicial
NEVAREZ, THE ORSALO District Court, Collin County, Texas
GROUP, LLC, LARRY COOK, and Trial Court Cause No. 471-06464-
5TH AVENUE ACQUISITIONS & 2018.
VENTURE CAPITALISTS, LLC, Opinion delivered by Justice Garcia.
Appellants Justices Reichek and Goldstein
participating.
No. 05-22-01295-CV V.

TCH ALTERA AHCC, LLC,
Appellee

In accordance with this Court’s opinion of this date, the judgment of the trial
court is AFFIRMED.

It is ORDERED that appellee TCH Altera AHCC, LLC recover its costs of
this appeal from appellants Camille Cooper, Robert Nevarez, The Orsalo Group,
LLC, Larry Cook, and 5th Avenue Acquisitions & Venture Capitalists, LLC.

Judgment entered this 7th day of August 2024.

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