NUMBER 13-13-00343-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
IN RE MARIA ELENA MARTINEZ
On Petition for Writ of Mandamus.
MEMORANDUM OPINION
Before Justices Rodriguez, Benavides, and Longoria
Memorandum Opinion Per Curiam1
Relator, Maria Elena Martinez, filed a petition for writ of mandamus in the above
cause on July 9, 2013, requesting that we direct the Honorable Noe Gonzalez,
Presiding Judge of the 370th District Court of Hidalgo County, Texas, to issue a ruling
on relator’s motion to recuse. However, that same day, Judge Gonzalez rendered an
order granting relator’s motion to recuse and referring the case to the Presiding Judge
of the Fifth Administrative Judicial Region, the Honorable Rolando Olvera, for
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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).
assignment. Accordingly, this original proceeding has been rendered moot. See In re
Kellogg Brown & Root, Inc., 166 S.W.3d 732, 737 (Tex. 2005) (orig. proceeding) (AA
case becomes moot if a controversy ceases to exist between the parties at any stage of
the legal proceedings, including the appeal.@); State Bar of Texas 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).
The Court, having examined and fully considered the petition for writ of
mandamus, is of the opinion that this matter has been rendered moot. Accordingly, the
Court DISMISSES the petition for writ of mandamus as MOOT. See TEX. R. APP. P.
52.8(a).
PER CURIAM
Delivered and filed the
10th day of July, 2013.
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