Petition for Writ of Mandamus Dismissed as Moot and Memorandum Opinion filed January 13, 2011.

In The

Fourteenth Court of Appeals

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NO. 14-10-01103-CV

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IN RE RODNEY KILLON, Relator

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

MEMORANDUM OPINION

On November 9, 2010, Relator, Rodney Killon, filed a petition for writ of mandamus in this Court.  See Tex. Gov’t Code Ann '22.221 (Vernon 2004); see  also  Tex. R. App. P. 52.1.  The petition asks this court to order the respondent, the Honorable Lisa Millard, presiding judge of the 310th District Court, Harris County, Texas, to vacate her order of June 8, 2010, appointing the Texas Department of Family and Protective Services as temporary managing conservator of his children and terminating his access and visitation.

On November 30, 2010, real party in interest, Texas Department of Family and Protective Services, notified this court it had been advised relator was deceased.  On December 14, 2010, notification was transmitted to the parties of this court’s intention to dismiss the petition unless a response was filed demonstrating grounds for continuing consideration of the petition on or before December 28, 2010.  See Tex. R. App. P. 42.3(a).  No response has been filed. 

Accordingly, the petition for writ of mandamus is ordered dismissed as moot.

PER CURIAM

Panel consists of Justices Seymore, Boyce, and Christopher.