CourtListener 9500968•In Re Priscilla Graham Individually and A/N/F of Minor Child E.S. v. the State of Texas
In Re Priscilla Graham Individually and A/N/F of Minor Child E.S. v. the State of Texas
CourtListener 9500968Txctapp9May 9, 2024
Full text
In The
Court of Appeals
Ninth District of Texas at Beaumont
__________________
NO. 09-24-00105-CV
__________________
IN RE PRISCILLA GRAHAM INDIVIDUALLY
AND A/N/F OF MINOR CHILD E.S.
__________________________________________________________________
Original Proceeding
457th District Court of Montgomery County, Texas
Trial Cause No. 24-01-01649-CV
__________________________________________________________________
MEMORANDUM OPINION
In a petition for a writ of mandamus, Priscilla Graham Individually and as
next friend of Minor Child E.S. argued that the trial court abused its discretion in a
bill of review case by signing a temporary restraining order on efforts to enforce the
default judgment in the underlying case being challenged by the bill of review. On
April 9, 2024, the Clerk of the Court issued a letter that notified the parties that the
trial court had signed a temporary injunction, the appellate court had docketed the
accelerated appeal from the temporary injunction as Appeal Number 09-24-00105-
CV, and that this mandamus proceeding would be dismissed as moot unless a party
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filed a written response showing grounds for continuing this original proceeding. No
party responded to the Clerk’s notice.
We conclude that this original proceeding has become moot, no exception to
the doctrine of mootness applies, and we lack jurisdiction over this original
proceeding. Accordingly, we dismiss the petition for a writ of mandamus without
reference to the merits.
PETITION DISMISSED.
PER CURIAM
Submitted on May 8, 2024
Opinion Delivered May 9, 2024
Before Golemon, C.J., Horton and Wright, JJ.
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