in Re Jason Paul Miller ( 2019 )

IN THE
TENTH COURT OF APPEALS
No. 10-19-00069-CV
IN RE JASON PAUL MILLER
Original Proceeding
MEMORANDUM OPINION
In this original proceeding for a writ of mandamus, Relator Jason Paul Miller
contends that the trial court abused its discretion in refusing to disqualify opposing
counsel, Micah Haden, from representing the Real Party in Interest Heather Lynn Miller.
Relator, however, has now filed a second original mandamus proceeding, Cause No. 10-
19-00107-CV, arising from the same underlying case, in which he represents that Haden
is no longer representing the Real Party in Interest.
Appellate courts lack jurisdiction to decide moot controversies. See Nat’l Collegiate
Athletic Ass’n v. Jones, 1 S.W.3d 83, 86 (Tex. 1999). “A case becomes moot if, since the time
of filing, there has ceased to exist a justiciable controversy between the parties—that is, if
the issues presented are no longer ‘live,’ or if the parties lack a legally cognizable interest
in the outcome.” Heckman v. Williamson Cty., 369 S.W.3d 137, 162 (Tex. 2012).
By letter dated April 2, 2019, the Clerk of this Court notified Relator that it
appeared that this original proceeding had become moot and that the Court may dismiss
this original proceeding unless, within ten days from the date of the letter, a response
was filed showing grounds for continuing the original proceeding. No response has been
received.
Accordingly, Relator’s petition for writ of mandamus is dismissed. Relator’s
emergency motion to stay is dismissed as moot.
REX D. DAVIS
Justice
Before Chief Justice Gray,
Justice Davis, and
Justice Neill
Petition dismissed
Opinion delivered and filed April 24, 2019
[OT06]
In re Miller Page 2