Opinion issued December 15, 2016
In The
Court of Appeals
For The
First District of Texas
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NO. 01-15-00582-CV
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IN RE TERR’L LA’YONNE MARK, Relator
Original Proceeding on Petition for Writ of Mandamus
MEMORANDUM OPINION
Relator, Terr’l La’Yonne Mark, filed a petition for writ of mandamus seeking
to compel the original respondent, the Honorable Brenda Mullinix, to rule on his
pending motion to transfer venue without a hearing of the underlying suit affecting
the parent-child relationship from Fort Bend to Tarrant County.1 This Court had
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The underlying case is In the Interest of [T.M.], a Minor Child, Cause No. 14-DCV-
214998, pending in the 505th District Court of Fort Bend County, Texas, the
Honorable David S. Perwin presiding.
abated this original proceeding and lifted this Court’s prior stay to allow the new
respondent, the Honorable David S. Perwin, to rule on relator’s pending motion. See
TEX. R. APP. P. 7.2(b).
On December 2, 2016, relator filed a “Notice of Nonsuit” in this Court, which
we construe as a motion to dismiss. See TEX. R. APP. P. 42.1(a)(1). Relator explains
that the parties have settled the transfer issue in the trial court, the sole subject of this
petition, which renders this case moot. Although there is no certificate of conference
with relator’s motion, it contains a certificate of service on counsel for the real parties
in interest and has been on file with this Court for more than ten days with no
response. See TEX. R. APP. P. 10.1(a)(5), 10.3(a)(2).
Accordingly, we withdraw the abatement order, issued on November 8,
2016, reinstate this case, construe relator’s notice of nonsuit as a motion to dismiss,
grant the motion, and dismiss the petition for writ of mandamus as moot.
PER CURIAM
Panel consists of Justices Keyes, Higley, and Lloyd.
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