ROBERT V. WOODARD Appellant v. THE STATE OF TEXAS (Other)

State: Texas

Docket No: PD-1486-09

Case Date: 12/16/2009

Plaintiff: ROBERT

Defendant: WOODARD Appellant v. THE STATE OF TEXAS (Other)

Preview:In re Suzanne Mathews--Appeal from Probate Court No 1 of Bexar County
MEMORANDUM OPINION No. 04-06-00112-CV IN RE Suzanne MATHEWS Original Mandamus Proceeding (1)

PER CURIAM Sitting: Alma L. L pez, Chief Justice Sarah B. Duncan , Justice Sandee Bryan Marion , Justice Delivered and Filed: April 5, 2006 MOTION TO DISMISS GRANTED; PETITION FOR WRIT OF MANDAMUS DISMISSED AS MOOT On February 23, 2006, Suzanne Mathews filed a petition for a writ of mandamus challenging the trial court's order directing her and the other guardianship applicants in the underlying proceeding to submit to neuropsychological and psychiatric examinations. This court stayed the challenged order and requested responses from the respondent and the real parties in interest. Subsequently, the trial court set aside the challenged order. On March 22, 2006, Lillian Glasser's attorney ad litem and guardian ad litem filed an unopposed motion to dismiss Mathews's petition for a writ of mandamus without prejudice on the basis that it is moot. We have no jurisdiction to consider issues that are moot. FDIC v. Nueces County, 886 S.W.2d 766, 767 (Tex. 1994). Accordingly, the motion to dismiss is granted and Mathews's petition for a writ of mandamus is dismissed without prejudice. PER CURIAM 1. This proceeding arises out of Cause No. 2005-PC-0843 , styled In the Guardianship of Lillian Glasser, an Incapacitated Person, pending in the Probate Court No. 1, Bexar County, Texas , the Honorable Polly Jackson Spencer presiding.

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