Narrative Opinion Summary
T. Gerald Treece, the Independent Executor of the Estate of John M. O’Quinn, filed a petition for a writ of mandamus against Judge Francisco X. Dominguez of the 205th District Court of El Paso County, Texas, seeking to compel the transfer of a case to Probate Court No. 2 of Harris County, Texas. However, Treece subsequently filed an unopposed motion to dismiss the mandamus proceeding as moot, indicating that the parties had settled their differences and that a transfer order had already been issued by the Respondent. The court granted the motion and dismissed the mandamus proceeding as moot on July 26, 2017.
Legal Issues Addressed
Jurisdiction of Probate Courtsubscribe to see similar legal issues
Application: The petitioner sought to compel the transfer of a case to the appropriate probate court as part of the estate administration process.
Reasoning: T. Gerald Treece, the Independent Executor of the Estate of John M. O’Quinn, filed a petition for a writ of mandamus... seeking to compel the transfer of a case to Probate Court No. 2 of Harris County, Texas.
Mootness Doctrine in Mandamus Proceedingssubscribe to see similar legal issues
Application: The court dismissed the mandamus proceeding because the issue became moot after the parties settled their differences and a transfer order was issued.
Reasoning: Treece subsequently filed an unopposed motion to dismiss the mandamus proceeding as moot, indicating that the parties had settled their differences and that a transfer order had already been issued by the Respondent.