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

In The

Court of Appeals

Sixth Appellate District of Texas at Texarkana

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No. 06-04-00090-CV

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IN RE: ANTHONY E. GILL

Original Mandamus Proceeding

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

Memorandum Opinion by Justice Carter

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 proceed with a hearing on his damages in connection with an underlying civil lawsuit in which a default judgment had been rendered. //

We requested a response, and have now been informed that a date has been set for that hearing and that Gill will be bench warranted to the district court for the day of the hearing. 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 is moot.

We deny the petition for writ of mandamus.

Jack Carter

Justice

Date Submitted: August 24, 2004

Date Decided: August 25, 2004