Dismissed and Opinion Filed December 7, 2015
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-15-01432-CV
No. 05-15-01433-CV
No. 05-15-01434-CV
No. 05-15-01435-CV
IN RE JASON ALLAN OJENA, Relator
On Appeal from the Criminal District Court No. 5
Dallas County, Texas
Trial Court Cause Nos. F07-58985-L, F07-59105-L, F07-73821-L, F07-59037-L
MEMORANDUM OPINION
Before Justices Francis, Myers, and Schenck
Opinion by Justice Francis
In this petition for writ of mandamus, relator requests that the Court order the trial court
to rule on his motion for an evidentiary hearing. By order dated December 3, 2015, the trial
court denied relator’s motion. Accordingly, the petition for writ of mandamus is now moot. See
In re Kellogg Brown & Root, Inc., 166 S.W.3d 732, 737 (Tex. 2005) (orig. proceeding) ( “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) (orig. proceeding)
(stating that for 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) (orig. proceeding) (court will not issue mandamus if it would be
useless or unavailing).
We dismiss the petition for want of jurisdiction.
151432F.P05 /Molly Francis/
MOLLY FRANCIS
JUSTICE
–2–
in Re: Jason Allan Ojena
Combined Opinion