Opinion
NO. 01-21-00080-CV
03-23-2021
IN RE MARIA FERNANDA OGAZON, Relator
Original Proceeding on Petition for Writ of Mandamus
MEMORANDUM OPINION
Relator, Maria Fernanda Ogazon, filed a petition for writ of mandamus arguing that the trial court abused its discretion by granting the application for a temporary restraining order of real party in interest, Brittney Locke. The mandamus record provided by Ogazon reflects that the temporary restraining order was entered on January 13, 2021 and was extended pursuant to the trial court's February 8, 2021 order.
The underlying case is Brittney Locke v. Maria Fernanda Ogazon, Cause No. 2021-00477, in the 333rd District Court of Harris County, Texas, the Honorable Brittanye Morris presiding.
According to the trial court's February 8, 2021 order, the temporary restraining order expired "after a period of fourteen (14) days from the date of the [February 8, 2021] order." Thus, by its terms, the temporary restraining order expired on February 22, 2021. Because the petition for writ of mandamus challenges a temporary restraining order which is no longer in effect, Ogazon's mandamus proceeding has been rendered moot. See In re Cornyn, 27 S.W.3d 327, 331 n.11 (Tex. App.—Houston [1st Dist.] 2000, orig. proceeding) ("A TRO's expiration usually renders its challenge moot."); Hermann Hosp. v. Tran, 730 S.W.2d 56, 57 (Tex. App.—Houston [14th Dist.] 1987, no writ) (holding where "TRO expired by its own terms without further extension . . . all issues relating to the TRO are moot").
On February 25, 2021, the Clerk of this Court notified Ogazon that the Court may dismiss her mandamus petition as moot unless Ogazon filed a response demonstrating that the proceeding is not moot within ten days of the date of the Court's notice. Ogazon has not adequately responded to the Clerk's notice.
Accordingly, we dismiss the petition for writ of mandamus as moot. We further dismiss all pending motions as moot.
PER CURIAM Panel consists of Chief Justice Radack and Justices Goodman and Farris.