Narrative Opinion Summary
Michael David Bellow Jr. filed a mandamus petition in the Court of Appeals for the Ninth District of Texas, contesting the trial court's directive that resulted in the rejection of his electronically filed motion for continuance. The trial court clerk subsequently informed Bellow that his electronic filings would be accepted moving forward. Given this development, the Court determined that the issue raised in the petition was moot and dismissed the petition without addressing its merits. The opinion was delivered on June 14, 2018, following submission on June 13, 2018, by the panel including Chief Justice McKeithen and Justices Kreger and Horton.
Legal Issues Addressed
Mandamus Reliefsubscribe to see similar legal issues
Application: The petitioner sought mandamus relief to contest a trial court directive that led to the rejection of his electronically filed motion for continuance.
Reasoning: Michael David Bellow Jr. filed a mandamus petition in the Court of Appeals for the Ninth District of Texas, contesting the trial court's directive that resulted in the rejection of his electronically filed motion for continuance.
Mootness Doctrine in Appealssubscribe to see similar legal issues
Application: The Court of Appeals dismissed the mandamus petition as moot because the petitioner’s issue had been resolved when the trial court clerk indicated that electronic filings would be accepted in the future.
Reasoning: Given this development, the Court determined that the issue raised in the petition was moot and dismissed the petition without addressing its merits.
Resolution of Filing Issuessubscribe to see similar legal issues
Application: The trial court clerk's assurance to accept future electronic filings resolved the filing issue, rendering the petition moot.
Reasoning: The trial court clerk subsequently informed Bellow that his electronic filings would be accepted moving forward.