*1 Opinion issued November 17, 2016

In The Court of Appeals For The First District of Texas ———————————— NO. 01-16-00916-CV ——————————— IN RE JORGE MEDINA, Relator Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

Relator, Jorge Medina, filed a petition for writ of mandamus, late on November 16, 2016, seeking to compel the respondent, the Honorable John Phillips, to grant a hearing on relator’s request for de novo hearing and to hear his trial on the merits in his underlying petition to modify the parent-child relationship. ^[1] With his petition, relator also filed an emergency motion, also late on November 16, 2016, to *2 stay his trial on the merits scheduled for November 17, 2016, before the associate judge, pending resolution of his petition. See T EX . R. A PP . P. 52.10(a).

We deny the petition for writ of mandamus and dismiss the emergency motion as moot. See T EX . R. A PP . P. 52.8(a), (d).

PER CURIAM

Panel consists of Justices Keyes, Higley, and Lloyd.

2

[1] The underlying case is In the Interest of J.M.J., A Child , No. 2014-04700J, in the 314th District Court of Harris County, the Honorable John Phillips presiding.