in Re: Billy Ray Johnson, by and Through Next Friend Lue Wilson

In The Court of Appeals Sixth Appellate District of Texas at Texarkana ______________________________ No. 06-08-00112-CV ______________________________ IN RE: BILLY RAY JOHNSON, BY AND THROUGH NEXT FRIEND, LUE WILSON Original Mandamus Proceeding Before Morriss, C.J., Carter and Moseley, JJ. Memorandum Opinion by Justice Carter MEMORANDUM OPINION Relator, Billy Ray Johnson, by and through next friend Lue Wilson, has filed in this Court a petition for writ of mandamus seeking review of the trial court's earlier appointment of a guardian ad litem for Johnson. His petition also contained a request for emergency relief which we deemed a motion to stay proceedings, including a hearing scheduled for October 10, 2008. We denied that motion and directed Johnson to supplement the record in this matter with the orders resulting from the October 10, 2008, hearing. Johnson's counsel notified this Court of the events of the October 10 hearing, explaining that the orders are not yet available. Counsel represented that the parties reached a settlement of the controversies among them and that, as a result of the settlement agreement, the order appointing the guardian ad litem will be dissolved. We take these representations by counsel as facts that render moot the issues presented in the petition for writ of mandamus concerning the appointment of the guardian ad litem. Accordingly, we dismiss as moot Johnson's petition for writ of mandamus. Jack Carter Justice Date Submitted: October 21, 2008 Date Decided: October 22, 2008 circumstances apply by stating that there is no right of appeal. See Comb v. State, 101 S.W.3d 724, 726 (Tex. App.-Houston [1st Dist.] 2003, no pet.). Additionally, Fobbs failed to timely perfect his appeal by failing to timely file a notice of appeal. See Tex. R. App. P. 26.2(a). Since Fobbs filed no motion for new trial, he had thirty days from the date on which sentence was imposed to file his notice of appeal. See id. Sentence was imposed April 25, 2003, and Fobbs filed a notice of appeal August 26, 2003, well beyond the time period allowed. For these reasons, we hold we are without jurisdiction and, accordingly, dismiss the appeal. Donald R. Ross Justice Date Submitted: September 18, 2003 Date Decided: September 19, 2003 Do Not Publish 1. This sentence is to be consecutive to the sentence imposed in cause number 19508 in which Fobbs was sentenced to ten years' confinement for possession of a controlled substance in a drug-free zone with intent to deliver.