DISMISSED and Opinion Filed June 4, 2021
S In The Court of Appeals Fifth District of Texas at Dallas No. 05-20-00442-CV
IN RE JAMES H. GENTRY, Relator
Original Proceeding from the 199th Judicial District Court Collin County, Texas Trial Court Cause Nos. 199-81623-2007, 199-81624-2007, 199-81625-2007, 199-81626-2007 & 199-81627-2007
MEMORANDUM OPINION ON REHEARING Before Justices Pedersen, III, Carlyle, and Garcia Opinion by Justice Garcia In this original proceeding, James H. Gentry filed a petition for writ of
mandamus requesting the Court to compel the trial court to rule on his motion for order nunc pro tunc to correct the trial court’s judgments. After the Court initially denied relief, relator filed an amended petition and requested rehearing. The Court granted relator’s motion for rehearing and requested a response from the respondent and real party in interest. The State, as real party in interest, has filed a response contending this proceeding is moot because the trial court has issued an April 26, 2021 order denying relator’s motion.
The trial court’s order denying relief gives to relator all the mandamus relief he is seeking and is entitled to, thus rendering this proceeding moot. See In re Bonilla, 424 S.W.3d 528, 534 (Tex. Crim. App. 2014) (original proceeding); In re Harvey, No. 05-16-00155-CV, 2016 WL 1019377, at *1 (Tex. App.—Dallas Mar. 15, 2016, orig. proceeding) (mem. op.). The proper course of action is to dismiss the proceeding. See Bonilla, 424 S.W.3d at 534; In re Metropolitan Lloyds Ins. Co., 227 S.W.3d 785, 786 (Tex. App.—Dallas 2006, orig. proceeding) (mem. op.).
Accordingly, we dismiss this original proceeding as moot.
/Dennise Garcia/ DENNISE GARCIA JUSTICE
200442F.P05
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