In Re: Blake Bennett Bullard--Appeal from 321st District Court of Smith County (per curiam)

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NO. 12-11-00399-CV IN THE COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT TYLER, TEXAS IN RE: § BLAKE BENNETT BULLARD, § RELATOR § ORIGINAL PROCEEDING MEMORANDUM OPINION PER CURIAM Relator Blake Bennett Bullard filed this original mandamus proceeding complaining of the trial court s order for genetic testing in a proceeding to adjudicate parentage filed by the Office of the Attorney General of Texas (OAG). The OAG has filed a notice of nonsuit in that proceeding, and the trial court signed an order directing the clerk of the court to record the nonsuit in the minutes of the court. See TEX. R. CIV. P. 162 ( At any time before the plaintiff has introduced all of his evidence, other than rebuttal evidence, the plaintiff may . . . take a non-suit, which shall be entered in the minutes. ). Thus, Bullard s petition for writ of mandamus is now moot. Accordingly, we dismiss Bullard s petition for writ of mandamus. Opinion delivered March 7, 2012. Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J. (PUBLISH) COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT OF TEXAS JUDGMENT MARCH 7, 2012 NO. 12-11-00361-CV BLAKE BENNETT BULLARD, Relator v. HON. CAROLE W. CLARK, Respondent ORIGINAL PROCEEDING ON THIS DAY came to be heard the petition for writ of mandamus filed by BLAKE BENNETT BULLARD, who is the relator in Cause No. 10-2944-D, pending on the docket of the 321st Judicial District Court of Smith County, Texas. Said petition for writ of mandamus having been filed herein on December 19, 2011, and the same having been duly considered, because it is the opinion of this Court that this petition for writ of mandamus is now moot, it is therefore CONSIDERED, ADJUDGED and ORDERED that the said petition for writ of mandamus be, and the same is, hereby DISMISSED. By per curiam opinion. Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J.

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