in Re: Anthony E. Gill

6-96-028-CV Long Trusts v. Dowd









In The

Court of Appeals

Sixth Appellate District of Texas at Texarkana


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No. 06-04-00090-CV

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IN RE: ANTHONY E. GILL






                                                                                                                                                             

Original Mandamus Proceeding






                                                                                                                                                                                        



Before Morriss, C.J., Ross and Carter, JJ.

Memorandum Opinion by Justice Carter




MEMORANDUM OPINION


            Anthony E. Gill has filed a petition for writ of mandamus in which he asks this Court to order the 23rd Judicial District Court of Brazoria County to proceed with a hearing on his damages in connection with an underlying civil lawsuit in which a default judgment had been rendered.

            We requested a response, and have now been informed that a date has been set for that hearing and that Gill will be bench warranted to the district court for the day of the hearing.            When this Court cannot take any action that can effect the requested relief, and thus the order will  have  no  practical  result,  we  will  dismiss  the  petition for writ of mandamus  as  moot. Dow Chem. Co. v. Garcia, 909 S.W.2d 503, 505 (Tex. 1995).

            The relief sought by Gill is moot. 

            We deny the petition for writ of mandamus.

 


                                                                        Jack Carter

                                                                        Justice

 

Date Submitted:          August 24, 2004

Date Decided:             August 25, 2004


nt-family: Times New Roman"> William J. Cornelius

Chief Justice



Date Submitted: October 18, 2001

Date Decided: November 6, 2001



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