In Re: Roy Edward Thompson, Jr.--Appeal from of County

In The

Court of Appeals

Sixth Appellate District of Texas at Texarkana

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No. 06-04-00087-CV

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IN RE:

ROY EDWARD THOMPSON, JR.

Original Mandamus Proceeding

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

Memorandum Opinion by Chief Justice Morriss

MEMORANDUM OPINION

Roy Edward Thompson, Jr., has filed a petition for writ of mandamus in which he requests that this Court order the 71st Judicial District Court of Harrison County to hear his motion for modification of child support.

We sought the trial court's response to Thompson's petition. The Honorable Bonnie Leggat responded to this petition with an order setting a hearing on Thompson's motion for modification August 30, 2004. Thus, the respondent has provided Thompson the relief he sought from this Court.

We will not issue a writ of mandamus if it would have no practical effect or "if for any reason it would be useless or unavailing." Dow Chem. Co. v. Garcia, 909 S.W.2d 503, 505 (Tex. 1995). There no longer being an issue before us, we dismiss Thompson's petition for writ of mandamus as moot.

Josh R. Morriss, III

Chief Justice

Date Submitted: August 24, 2004

Date Decided: August 25, 2004