In Re: Anthony E. Gill--Appeal from of County

6-96-028-CV Long Trusts v. Dowd In The
Court of Appeals
Sixth Appellate District of Texas at Texarkana
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No. 06-03-00063-CV
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IN RE: ANTHONY E. GILL

Original Mandamus Proceeding

 

 

Before Morriss, C.J., Ross and Carter, JJ.

Memorandum Opinion by Chief Justice Morriss

 

MEMORANDUM OPINION

 

Anthony E. Gill has filed a petition for writ of mandamus in which he asks this Court to order the 23rd Judicial District Court of Brazoria County to rule on his motion for default judgment in an underlying civil case. (1) The trial court conducted a hearing with Gill present in December 2002.

We requested a response, which has now arrived. The response reveals a hearing was conducted on the matter, and the motion for default judgment was granted at that time. The trial court stated that it instructed Gill to submit a proposed judgment, that Gill has never done so, and that the trial court stands ready to sign an appropriate judgment on the matter once one is submitted by Gill.

When this Court cannot take any action that can effect the requested relief, and thus the order will have no practical result, we will dismiss the petition for writ of mandamus as moot. Dow Chem. Co. v. Garcia, 909 S.W.2d 503, 505 (Tex. 1995).

The relief sought by Gill-that the trial court be directed to rule on his motion for default judgment-is moot because the trial court has indeed ruled on that motion. The clerical task of preparing the judgment and submitting it to the trial court for approval and signing now lies with Gill as the prevailing party in the lawsuit.

 

The petition for writ of mandamus is denied.

 

Josh R. Morriss, III

Chief Justice

 

Date Submitted: June 10, 2003

Date Decided: June 11, 2003

 

1. Brazoria County is not in our appellate district, and we would typically not have jurisdiction over a mandamus from that locale. However, the underlying appeal was transferred to this Court by the Texas Supreme Court. We reversed the judgment and remanded the cause for further proceedings. This mandamus is in connection with the furtherance of our mandate in that appeal.