In Re: Greg Abbott, in his Official Capacity as Governor of the State of Texas Appeal from County Court at Law No 7 of El Paso County (memorandum opinion)
Annotate this Case
Download PDF
COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS § IN RE No. 08-21-00140-CV § GREG ABBOTT, IN HIS OFFICIAL CAPACITY AS GOVERNOR OF THE STATE OF TEXAS, § AN ORIGINAL PROCEEDING § IN MANDAMUS § RELATOR. § MEMORANDUM OPINION Pending before the Court is Governor Greg Abbott’s petition for a writ of mandamus challenging a temporary restraining order issued by the Honorable Ruben Morales, judge of the El Paso County Court at Law No. 7, on August 17, 2021. While this mandamus petition was still pending, the trial court issued a superseding temporary injunction order, and the Governor filed an interlocutory appeal of that temporary injunction order. See Abbott v. City of El Paso, No. 08-21-00149-CV (appeal filed Sept. 3, 2021). The expiration of a TRO generally renders a mandamus petition challenging the TRO moot. See In re Sierra Club, 420 S.W.3d 153, 157 (Tex.App.--El Paso 2012, orig. proceeding). We conclude that under the circumstances, the trial court’s grant of a temporary injunction and the expiration of the TRO has rendered this petition for a writ of mandamus moot. See In re Abbott, No. 04-21- 00349-CV, 2021 WL 4173301, at *1 (Tex.App.—San Antonio Sept. 15, 2021, orig. proceeding)(mem. op.)(dismissing mandamus petition under similar circumstances). Therefore, this petition for a writ of mandamus is dismissed as moot. The interlocutory appeal in Abbott v. City of El Paso, No. 08-21-00149-CV, remains pending. October 22, 2021 YVONNE T. RODRIGUEZ, Chief Justice Before Rodriguez, C.J., Palafox, and Alley, JJ. 2
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
