Court of Civil Appeals of Texas, 2021

in Re: Marcus Jarrod Payne

in Re: Marcus Jarrod Payne
Court of Civil Appeals of Texas · Decided August 19, 2021

in Re: Marcus Jarrod Payne

Opinion

Dismiss and Opinion Filed August 19, 2021

In The Court of Appeals Fifth District of Texas at Dallas No. 05-21-00181-CV IN RE MARCUS JARROD PAYNE, Relator Original Proceeding from the 303rd Judicial District Court Dallas County, Texas Trial Court Cause No. DF-20-00663 MEMORANDUM OPINION Before Justices Molberg, Reichek, and Smith Opinion by Justice Molberg Before the Court is relator’s March 24, 2021 petition for writ of mandamus in which he complains about the trial court’s refusal to sign a final judgment. It came to our attention that the trial court has issued a final judgment in the underlying matter. Accordingly, we questioned our jurisdiction over this original proceeding because it appeared that relator’s request for relief is moot. See Heckman v. Williamson Cty., 369 S.W.3d 137, 162 (Tex. 2012) (court lacks jurisdiction over case that has become moot).

Although we directed relator to file a letter brief addressing our concern and cautioned him that failure to comply by August 2, 2021, could result in dismissal of the original proceeding without further notice, he has not complied. Accordingly, we dismiss the petition for writ of mandamus.

210181f.p05 /Ken Molberg// KEN MOLBERG JUSTICE

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