in Re: Marcus Jarrod Payne

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