in Re TaDarrian Johnson ( 2020 )

Dismissed and Opinion Filed March 11, 2020
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-20-00068-CV
IN RE TADARRIAN JOHNSON, Relator
Original Proceeding from the 265th Judicial District Court
Dallas County, Texas
Trial Court Cause Nos. F08-55949-R & F11-58573-R
OPINION
Before Justices Schenck, Partida-Kipness, and Nowell
Opinion by Justice Partida-Kipness
In this original proceeding, relator TaDarrian Johnson seeks a writ of
mandamus compelling the trial court to rule on a “Motion For Nunc Pro Tunc”
relator filed seeking to delete fines and fees from the clerk’s bill of costs. The trial
court’s online docket sheet shows the trial court denied relator’s motion by order
entered on March 28, 2019.1 A case becomes moot if “the issues presented are no
1
An appellate court has the discretion to take judicial notice of adjudicative facts that are matters of
public record on its own motion. See TEX. R. EVID. 201(b); In re Estate of Hemsley, 460 S.W.3d 629, 638
(Tex. App.—El Paso 2014, pet. denied). Generally, appellate courts take judicial notice of facts outside the
record only to determine jurisdiction or to resolve matters ancillary to decisions which are mandated by
law. SEI Bus. Sys., Inc. v. Bank One Texas, N.A., 803 S.W.2d 838, 841 (Tex. App.—Dallas 1991, no writ);
see Freedom Commc’ns, Inc. v. Coronado, 372 S.W.3d 621, 624 (Tex. 2012). For example, “[I]t is
appropriate to take judicial notice of the official record to determine the current status of the underlying
case.” In re Ramirez, No. 08-15-00270-CV, 2015 WL 6768739, at *1, n.1 (Tex. App.—El Paso Nov. 5,
longer live or the parties lack a legally cognizable interest in the outcome.” Harlow
Land Co., Ltd. v. City of Melissa, 314 S.W.3d 713, 716 (Tex. App.—Dallas 2010,
no pet.). A court lacks subject-matter jurisdiction over a case that has become moot.
Id.
Because relator has received the relief requested in his petition, his petition is
now moot. See In re Bonilla, 424 S.W.3d 528, 534 (Tex. Crim. App. 2014) (orig.
proceeding) (relief sought in mandamus proceeding became moot when relator
obtained information sought in petition from district clerk). Accordingly, we dismiss
relator’s petition for writ of mandamus. See id.; see also In re Evans, 581 S.W.3d
431, 434 (Tex. App.—Texarkana 2019, orig. proceeding) (dismissing petition for
writ of mandamus because matter had become moot).
/Robbie Partida-Kipness/
ROBBIE PARTIDA-KIPNESS
JUSTICE
200068F.P05
2015, orig. proceeding) (mem. op.). Here, we take judicial notice of the trial court’s online docket sheets in
cause numbers F08-55949-R and F11-58573-R. See Praise Deliverance Church v. Jelinis, LLC, 536 S.W.3d
849, 853 (Tex. App.—Houston [1st Dist.] 2017, pet. denied) (taking judicial notice of publicly accessible
court docket sheets); see also In re De Leon, No. 04-05-00057-CV, 2005 WL 291440, at *1 (Tex. App.—
San Antonio Feb. 9, 2005, orig. proceeding) (mem. op.) (taking judicial notice of docket sheets from
underlying proceedings).
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