*1 Dismiss and Opinion Filed October 6, 2015

S

In The

Court of Appeals Fifth District of Texas at Dallas No. 05-15-01188-CV

No. 05-15-01189-CV IN RE ANDREW LEE JACKSON, Relator Original Proceeding from the Criminal District Court No. 5 Dallas County, Texas

Trial Court Cause No. F-9104916-IL, F-9202256-IL MEMORANDUM OPINION Before Justices Lang-Miers, Evans, and Whitehill

Opinion by Justice Whitehill Relator filed this petition for writ of mandamus requesting that the Court order the trial court to rule on his motion to appoint a forensic handwriting examiner. The Court has received a clerk’s record that shows the trial court denied relator’s motion on September 21, 2015. Accordingly, the petition for writ of mandamus is moot. See In re Kellogg Brown & Root, Inc., 166 S.W.3d 732, 737 (Tex. 2005) (orig. proceeding) ( “A case becomes moot if a controversy ceases to exist between the parties at any stage of the legal proceedings.”); State Bar of Tex. v. Gomez, 891 S.W.2d 243, 245 (Tex. 1994) (orig. proceeding) (stating that for controversy to be justiciable, there must be a real controversy between the parties that will be actually resolved by the judicial relief sought); Dow Chem. Co. v. Garcia, 909 S.W.2d 503, 505 (Tex. 1995) (orig. proceeding) (court will not issue mandamus if it would be useless or unavailing).

We dismiss the petition for want of jurisdiction.

151188F.P05

/Bill Whitehill/ BILL WHITEHILL JUSTICE

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