In Re Ricky Don Green, Relator v. the State of Texas
CourtTexas Court of Appeals, 7th District (Amarillo)
Date FiledOctober 2, 2026
Docket07-26-00368-CV
StatusPublished
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Full Opinion
In The
Court of Appeals
Seventh District of Texas at Amarillo
No. 07-26-00368-CV
IN RE RICKY DON GREEN, RELATOR
ORIGINAL PROCEEDING
October 2, 2026
MEMORANDUM OPINION
Before PARKER, C.J., and DOSS and PRATT, JJ.
Pending before this Court is the petition for writ of mandamus filed by Relator Ricky
Don Green. By his petition, he requests that this Court direct Respondent, the Honorable
Tom W. Brummett, presiding judge of the County Court at Law No. 2 of Lubbock County,
Texas, to vacate the temporary restraining order and the amended temporary restraining
order (the TROs), signed August 18 and August 21, 2026, granted upon the request of
Real Party in Interest Patrick Linenberger. We dismiss the petition as moot.
BACKGROUND
Shortly after Green filed his petition in this Court, Linenberger filed his Motion to
Vacate Temporary Restraining Orders in the trial court. The trial court, mindful of the
temporary stay this Court entered on August 25, 2026, declined to act on the motion.
Linenberger then sought relief from this Court in which he asked that we modify the stay
to permit the trial court to consider and rule upon his pending Motion to Vacate Temporary
Restraining Orders. We so modified our stay. See In re Green, No. 07-26-00368-CV,
2026 Tex. App. LEXIS 8859, at *2–3 (Tex. App.—Amarillo Sept. 17, 2026, order). On
September 23, the trial court filed with this Court a supplemental clerk’s record which
includes, inter alia, its Order Vacating Temporary Restraining Order. In it, the trial court
expressly “VACATES both the Temporary Restraining Order and Amended Restraining
Order in their entirety.”
ANALYSIS
The doctrine of mootness is applicable to our subject-matter jurisdiction in an
original proceeding. See In re Carlson, 712 S.W.3d 71, 75 (Tex. 2025) (orig. proceeding)
(concluding that a dispute concerning judicial review of administrative ruling no longer
remained considering a party’s reversal of position, and, consequently, the petition for
writ of mandamus was dismissed as moot). As our sister court has detailed, we cannot
act when a justiciable controversy existed between the parties at the time the case arose,
but later, during the pendency of the case, ceased to exist due to subsequent events:
When directing a trial court to vacate an order that can have no practical
effect, we will not issue a writ of mandamus if it would be useless or
unavailing. See Dow Chem. Co. v. Garcia, 909 S.W.2d 503, 505 (Tex.
1995). Nor will an appellate court issue a writ of mandamus to compel the
doing of a meaningless action. Cont’l Oil Co. v. Lesher, 500 S.W.2d 183,
186 (Tex. Civ. App.—Houston [1st Dist.] 1973, no pet.).
In re Smith Cnty., 521 S.W.3d 447, 453 (Tex. App.—Tyler 2017, orig. proceeding).
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Here, in light of the trial court’s order vacating the very orders that are subject of
Green’s petition for writ mandamus, we consider the controversy concerning the propriety
of the TROs as having been resolved. Accordingly, the petition for writ of mandamus is
now moot, and we lack jurisdiction to reach its merits. Accord In re Silver Hays, No. 07-
21-00019-CV, 2021 Tex. App. LEXIS 2550, at *1 (Tex. App.—Amarillo Apr. 1, 2021, orig.
proceeding) (per curiam) (dismissing petition when “the original order underlying this
mandamus proceeding and the argument surrounding its propriety” were rendered moot
by trial court’s subsequent orders on reconsideration of the controversy); In re Jackson,
No. 07-19-00054-CV, 2019 Tex. App. LEXIS 1423, at *1 (Tex. App.—Amarillo Feb. 26,
2019, orig. proceeding) (per curiam) (dismissing petition for writ of mandamus when “trial
court has provided relator the relief he sought in this mandamus proceeding”).
CONCLUSION
Based on the foregoing reasoning, we dismiss Green’s petition for writ of
mandamus as moot. The order we entered on August 25 and modified on September 9,
2026, granting a temporary stay of proceedings is hereby dissolved. Any remaining
motions carried with the case are hereby denied.
Laura A. W. Pratt
Justice
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