In Re Eric Kinzer v. the State of Texas
CourtTexas Court of Appeals, 11th District (Eastland)
Date FiledOctober 8, 2026
Docket11-26-00253-CV
StatusPublished
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Full Opinion
Opinion filed October 8, 2026
In The
Eleventh Court of Appeals
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No. 11-26-00253-CV
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IN RE ERIC KINZER
Original Mandamus Proceeding
MEMORANDUM OPINION
On September 16, 2026, Relator, Eric Kinzer, filed a petition for writ of
mandamus in this court. In the petition, Relator requested that we compel the trial
court to rule on his pending “Motion to Recall Capias.” On September 24, however,
the trial court considered Relator’s motion and withdrew the capias, ordering the
Nolan County Sheriff to take the necessary actions to remove the capias from active
status on any state or nationwide systems and setting the case for a hearing.
Relator’s petition for writ of mandamus is now moot because the trial court
has provided him the relief that he seeks from this court. See In re Carlson, 712
S.W.3d 71, 75 (Tex. 2025) (orig. proceeding) (“Because no . . . dispute remains, we
are obliged to dismiss the mandamus petition as moot.”); In re Davis, No. 11-26-
00015-CV, 2026 WL 386854, at *1 (Tex. App.—Eastland Feb. 12, 2026, orig.
proceeding) (mem. op.) (The trial court provided the relator with the relief sought,
rendering the petition for writ of mandamus moot.). We lack jurisdiction to decide
a moot controversy. Carlson, 712 S.W.3d at 73, 75.
Accordingly, we dismiss Relator’s petition for writ of mandamus for want of
jurisdiction.
JOHN M. BAILEY
CHIEF JUSTICE
October 8, 2026
Panel consists of: Bailey, C.J.,
Trotter, J., and Williams, J.
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