COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

)

) No. 08-06-00112-CV

IN RE: DEANNA LYNN GIESICK,                )

)AN ORIGINAL PROCEEDING

                                                Relator.                )                 

)IN MANDAMUS

)

MEMORANDUM OPINION ON PETITION FOR WRIT OF MANDAMUS

            This is an original proceeding in mandamus. Relator, Deanna Lynn Giesick seeks a writ of mandamus requiring the Honorable James L. Rex,, Judge of the 109th District Court of Winkler County, Texas, to vacate or set aside temporary orders entered in a suit affecting the parent child relationship. After the mandamus petition was filed and on the same date that this Court issued an order staying all proceedings in the case, Respondent granted Relator’s motion to transfer the underlying case to Ector County. See Tex.Fam.Code Ann. § 155.201 (Vernon Supp. 2005). As a result of the transfer order, Respondent can take no further action with respect to the temporary orders because the 109th District Court no longer is the court of continuing, exclusive jurisdiction and that court does not retain jurisdiction of the child. See Tex.Fam.Code Ann. § 155.206(a), (d)(Vernon 2002). For the same reason, we cannot order Respondent to vacate or set aside the temporary orders entered on May 3, 2006. Because the transfer of the case to Ector County effectively rendered the mandamus petition moot, we therefore lift the stay entered on May 5, 2006 and deny mandamus relief.

PER CURIAM

May 10, 2006 

Before Barajas, C.J., McClure, and Chew, JJ.

(Barajas, C.J., not participating)