In Re Charles Mark Berry, Jr., Co-Independent Executor, in the Estate of Charles Mark Berry, Sr., Deceased.--Appeal from of County
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NO. 07-07-0323-CV IN THE COURT OF APPEALS FOR THE SEVENTH DISTRICT OF TEXAS AT AMARILLO PANEL D AUGUST 10, 2007 ______________________________ IN RE CHARLES MARK BERRY, JR., CO-INDEPENDENT EXECUTOR, IN THE ESTATE OF CHARLES MARK BERRY, SR., DECEASED _______________________________ Before QUINN, C.J,, and CAMPBELL and PIRTLE, JJ. ON PETITION FOR WRIT OF MANDAMUS Relator Charles Mark Berry, Jr., acting as co-independent executor of the estate of Charles Mark Berry, Sr., seeks a writ of mandamus and prohibition to vacate the probate trial court s scheduled hearing on an application to remove relator as an independent executor. Relator contemporaneously filed a motion for emergency relief seeking a stay of the hearing until the conclusion of this proceeding. The real parties in interest, who also are co-independent executors of the estate, responded with a letter stating the scheduled hearing had been vacated and the trial court would not act on the application until resolution of a related pending appeal. Although no order vacating the setting has been provided, the trial court has confirmed the hearing has been removed from its docket. The controversy presented through relator s petition therefore has been rendered moot. Accordingly, we have denied relator s request for emergency relief and now dismiss his petition for writ of mandamus and prohibition for want of jurisdiction. Tex. R. App. P. 42.3(a); State Bar of Texas v. Gomez, 891 S.W.2d 243, 245 (Tex. 1994) (courts have no jurisdiction over moot controversy). Per Curiam 2
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