In Re Priscilla Graham Individually and A/N/F of Minor Child E.S. v. the State of Texas

In The

Court of Appeals

Ninth District of Texas at Beaumont

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NO. 09-24-00106-CV
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IN RE PRISCILLA GRAHAM INDIVIDUALLY
AND A/N/F OF MINOR CHILD E.S.

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Original Proceeding
457th District Court of Montgomery County, Texas
Trial Cause No. 20-02-02797-CV
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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 by

signing a temporary restraining order against all post-judgment discovery. 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 in a bill of review proceeding in Trial Court

Case Number 24-01-01649-CV, the appellate court had docketed the accelerated

appeal from the temporary injunction as Appeal Number 09-24-00115-CV, and that

this mandamus proceeding would be dismissed as moot unless a party filed a written

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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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