NUMBER 13-13-00028-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
IN RE TEXAS DEPARTMENT
OF FAMILY AND PROTECTIVE SERVICES
On Petition for Writ of Mandamus.
MEMORANDUM OPINION
Before Chief Justice Valdez and Justices Rodriguez, and Longoria
Per Curiam Memorandum Opinion1
Relator, Texas Department of Family and Protective Services, filed a petition for
writ of mandamus in the above cause on January 22, 2013, requesting that we vacate
certain portions of the “Placement Review Order and Order Dismissing the Department
as Conservator and Order Appointing Joint Temporary Managing Conservatorship,”
signed on November 14, 2012, which required relator to pay for foster care assistance
and day-care. That same day, the Court requested that the real parties in interest,
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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).
Elisa, Ruben, intervenors Joe and Shelia, guardian ad litem Denise Ballinger, attorney
ad litem Larry Adams, or any others whose interest would be directly affected by the
relief sought, file a response to the petition for writ of mandamus on or before the
expiration of ten days from the date of this order. See TEX. R. APP. P. 52.2, 52.4, 52.8.
Relator has now filed a motion to dismiss this original proceeding on grounds that
it has been rendered moot by subsequent orders issued by the trial court. 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 and the motion to dismiss, is of the opinion that this matter has been
rendered moot. Accordingly, the Court GRANTS the motion to dismiss and DISMISSES
the petition for writ of mandamus as moot. See TEX. R. APP. P. 52.8(a).
PER CURIAM
Delivered and filed
on this 6th day of February, 2013.
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