IN RE: Ovidio Garcia Jr. (2015)

MEMORANDUM OPINION

On December 17, 2015, relator Ovidio Garcia Jr., proceeding pro se, filed a petition for writ of mandamus seeking to compel the assigned judge to set a hearing on relator's motion to recuse the trial court judge.  This Court requested that the real parties in interest, Omar Escobar, et al., or any others whose interest would be directly affected by the relief sought, file a response to the petition for writ of mandamus.  See Tex.R.App. P. 52.2, 52.4, 52.8.  The Court has now received a notice that the motion to recuse has been set for telephonic hearing on January 6, 2016.

We conclude that this original proceeding has been rendered moot.  See In re Kellogg Brown & Root, Inc., 166 S.W.3d 732, 737 (Tex.2005) (orig.proceeding) (“A case becomes moot if a controversy ceases to exist between the parties at any stage of the legal proceedings ․”);  State Bar of Tex. v. Gomez, 891 S.W.2d 243, 245 (Tex.1994) (stating that, for a controversy to be justiciable, there must be a real controversy between the parties that will be actually resolved by the judicial relief sought).  Accordingly, the Court DISMISSES the petition for writ of mandamus as moot.  See Tex.R.App. P. 52.8(a).  This dismissal is without prejudice to refiling with regard to the relator's request for a timely ruling on his motion to recuse.

FOOTNOTES

FOOTNOTE.  

Memorandum Opinion Per Curiam 1 FN1. See Tex. R. App. P. 52.8(d) (“When denying relief, the court may hand down an opinion but is not required to do so.”);  Tex. R. App. P. 47.4 (distinguishing opinions and memorandum opinions).