in Re: Michael Ramberansingh
05-14-01566-CV
| Tex. App. | Mar 25, 2015Background
- This is a mandamus petition by Michael Ramberansingh (father) arising from a long‑running suit affecting the parent–child relationship.
- While enforcement proceedings were pending, father filed a timely motion to transfer venue to Denton County under Tex. Fam. Code § 155.201(b).
- Before the transfer was heard and granted, the Collin County court concluded mother made a prima facie showing of a violation of community supervision tied to an earlier contempt judgment and ordered a warrant for father’s arrest and a writ of capias on a new enforcement motion.
- On December 12, 2014 the trial court granted the transfer; father appeared, was arrested, and released on bond pending a December 16 hearing. Collin County transmitted the transfer to Denton County and the Denton clerk docketed the case by late December/early January.
- Father sought mandamus relief to vacate the arrest warrant and capias, release his bond, stay further Collin County proceedings, and order prompt transfer to Denton County.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a mandamus stay and order to transfer is required when the transfer has completed | Ramberansingh asked the court to stay Collin proceedings and order transfer to Denton | Trial court had not acted on some enforcement matters when transfer was granted | Denied as moot because transfer was completed and no live controversy remained |
| Whether the transferring court can be ordered to vacate its arrest warrant/capias after transfer | Father sought court-ordered vacation of warrant/capias and release of bond from Collin court | Collin court asserted prior orders but the transfer had been effected | Mandamus denied: transferring court lacks jurisdiction to act after case docketed in transferee court; relief must be sought in Denton County |
| Whether mandamus should issue where denial would be futile or unavailing | Father argued mandamus necessary to prevent further enforcement and secure relief | Court noted mandamus will not be issued if relief would be useless and that transferring court lacks jurisdiction | Court declined to issue mandamus because it would be unavailing and the transferring court no longer had jurisdiction |
Key Cases Cited
- In re Kellogg Brown & Root, Inc., 166 S.W.3d 732 (Tex. 2005) (mootness doctrine; controversy must remain live for justiciability)
- State Bar of Tex. v. Gomez, 891 S.W.2d 243 (Tex. 1994) (orig. proceeding) (requires a real controversy for judicial relief)
- Dow Chem. Co. v. Garcia, 909 S.W.2d 503 (Tex. 1995) (orig. proceeding) (mandamus will not issue if relief would be useless)
- Bigham v. Dempster, 901 S.W.2d 424 (Tex. 1995) (orig. proceeding) (transferring court loses jurisdiction when transferee court dockets the case)
