In re Harold Dean White--Appeal from 280th District Court of Harris County
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Opinion issued February 24, 2011. In The Court of Appeals For The First District of Texas NO. 01-10-00960-CV IN RE HAROLD DEAN WHITE, Relator Original Proceeding on Petition for Writ of Habeas Corpus MEMORANDUM OPINION1 Relator, Harold Dean White, requests habeas corpus relief from the trial court s November 1, 2010 contempt order. We dismiss relator s petition for writ of habeas corpus as moot. 1 The underlying case is Melissa White v. Harold Dean White, No. 2010-63189 in the 280th District Court of Harris County, Texas, the Honorable Lynn BradshawHull presiding. The contempt order that is the subject of this habeas proceeding was signed by Judge Tony Lindsay. Judge Lindsay, however, no longer presides over the 280th District Court; Judge Lynn Bradshaw-Hull is now the presiding judge of the 280th District Court. On January 4, 2011, we abated the habeas proceeding in order to allow Judge Bradshaw-Hull to reconsider Judge Lindsay s ruling. See TEX. R. APP. P. 7.2(b) ( If the case is an original proceeding under Rule 52, the court must abate the proceeding to allow the successor to reconsider the original party s decision. ). Judge Bradshaw-Hull since has withdrawn the contempt order. Because the order about which relator complains is no longer in effect, the issues raised in his petition are moot. See In re Campbell, 106 S.W.3d 788, 788 (Tex. App. Texarkana 2003, orig. proceeding). Accordingly, this habeas proceeding is reinstated, and we dismiss relator s petition for writ of habeas corpus. Our order granting relator temporary relief is vacated. PER CURIAM Panel consists of Justices Alcala, Bland, and Massengale. 2
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