DENY; and Opinion Filed April 22, 2014.
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-14-00437-CV
IN RE JAMES MCCOY, Relator
Original Proceeding from the 44th Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-13-13955-B
MEMORANDUM OPINION
Before Justices Moseley, Fillmore, and Evans
Opinion by Justice Fillmore
Relator filed a petition for writ of mandamus in which he contends the trial court has
violated a ministerial duty by failing to rule on his motion to compel service of process on
William Hill. By order dated April 9, 2014, the Court requested and received a clerk’s record
from the trial court. The clerk’s record reflects that the trial court issued citation to William Hill
on January 7, 2014, at the address reflected in the amended petition filed by relator in the trial
court. The clerk’s record further reflects that the sheriff of Dallas County filed a return of
service indicating that citation could not be served on William Hill because he no longer worked
at the listed address. Because the trial court has taken the action relator has requested, the issue
presented in relator’s petition for writ of mandamus is moot. In re Kellogg Brown & Root, Inc.,
166 S.W.3d 732, 737 (Tex. 2005) (“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); Dow
Chem. Co. v. Garcia, 909 S.W.2d 503, 505 (Tex. 1995) (court will not issue mandamus if it
would be useless or unavailing). Accordingly, the Court DENIES the petition for writ of
mandamus.
/Robert M. Fillmore/
ROBERT M. FILLMORE
JUSTICE
140437F.P05
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