In re Michael C. Scally--Appeal from 312th District Court of Harris County

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Opinion issued September 4, 2008 In The Court of Appeals For The First District of Texas NO. 01-08-00475-CV IN RE MICHAEL C. SCALLY, M.D., Relator Original Proceeding On Petition For Writ Of Mandamus And Writ of Prohibition MEMORANDUM OPINION 1 By petition for writ of mandamus and writ of prohibition, relator, Michael C. Scally, seeks relief to vacate the trial court s June 4, 2008 order, claiming that the trial 1 The underlying case is In the Interest of Michael B. Scally, Brett D. Scally and Brittany N. Scally, Minor Children, Cause No. 1990-01012, in the 312th Judicial District Court of Harris County, Texas, the Hon. David Farr, presiding. court lacked jurisdiction to revive a cause that Scally contends had been dismissed. We deny the petition for writ of mandamus and writ of prohibition. See Lehmann v. Har-Con Corp., 39 S.W.3d 191, 205 06 (Tex.2001). We overrule all pending motions as moot. Per Curiam Panel consists of Justices Nuchia, Alcala, and Hanks. 2

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