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In re Askew

Court of Appeals Fifth Distrirt of Texas at Dallas
Dec 1, 2012

KERRY P. FITZGERALD

Original Proceeding from the 204th Judicial District Court Dallas County, Texas Trial Court Cause No. F05-51334-Q
MEMORANDUM OPINION

Before Justices Moseley, FitzGerald, and Myers
Opinion by Justice FitzGerald

Relator contends the trial court failed to rule on his motions for judgment nunc pro tunc. The facts and issues are well known to the parties, so we need not recount them herein. The relief requested by relator has been granted. Therefore, the issues presented in this petition are moot. See Dow Chem. Co. v. Garcia, 909 S.W.2d 503, 505 (Tex. 1995) (orig. proceeding). In re Gill, No. 06-04-00090-CV, 2004 WL 1884498 at *1 (Tex. App.-Texarkana Aug. 24, 2004, orig. proceeding). Accordingly, we DISMISS relator's petition for a writ of mandamus.

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KERRY P. FITZGERALD


JUSTICE