In The
Court of Appeals
Sixth Appellate District of Texas at Texarkana
______________________________
No. 06-08-00112-CV
______________________________
IN RE: BILLY RAY JOHNSON,
BY AND THROUGH NEXT FRIEND, LUE WILSON
Original Mandamus Proceeding
Before Morriss, C.J., Carter and Moseley, JJ.
Memorandum Opinion by Justice Carter
MEMORANDUM OPINION
Relator, Billy Ray Johnson, by and through next friend Lue Wilson, has filed in this Court
a petition for writ of mandamus seeking review of the trial court's earlier appointment of a guardian
ad litem for Johnson. His petition also contained a request for emergency relief which we deemed
a motion to stay proceedings, including a hearing scheduled for October 10, 2008. We denied that
motion and directed Johnson to supplement the record in this matter with the orders resulting from
the October 10, 2008, hearing.
Johnson's counsel notified this Court of the events of the October 10 hearing, explaining that
the orders are not yet available. Counsel represented that the parties reached a settlement of the
controversies among them and that, as a result of the settlement agreement, the order appointing the
guardian ad litem will be dissolved. We take these representations by counsel as facts that render
moot the issues presented in the petition for writ of mandamus concerning the appointment of the
guardian ad litem.
Accordingly, we dismiss as moot Johnson's petition for writ of mandamus.
Jack Carter
Justice
Date Submitted: October 21, 2008
Date Decided: October 22, 2008
2