Opinion issued September 4, 2008

In The

Court of Appeals

For The

First District of Texas

NO. 01-08-00475-CV

IN RE MICHAEL C. SCALLY, M.D., Relator

Original Proceeding On Petition For Writ Of Mandamus And Writ of Prohibition

MEMORANDUM OPINION ⁽¹⁾

By petition for writ of mandamus and writ of prohibition, relator, Michael C. Scally, seeks relief to vacate the trial court's June 4, 2008 order, claiming that the trial court lacked jurisdiction to revive a cause that Scally contends had been dismissed.

We deny the petition for writ of mandamus and writ of prohibition. See Lehmann v. Har-Con Corp., 39 S.W.3d 191, 205-06 (Tex. 2001). We overrule all pending motions as moot.

Per Curiam

Panel consists of Justices Nuchia, Alcala, and Hanks.

1. The underlying case is In the Interest of Michael B. Scally, Brett D. Scally and Brittany N. Scally, Minor Children, Cause No. 1990-01012, in the 312th Judicial District Court of Harris County, Texas, the Hon. David Farr, presiding.