In Re B.M. v. the State of Texas
CourtTexas Court of Appeals, 4th District (San Antonio)
Date FiledSeptember 9, 2026
Docket04-26-00392-CV
StatusPublished
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Full Opinion
Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-26-00392-CV
IN RE B.M., Relator
Original Proceeding 1
PER CURIAM
Sitting: Lori I. Valenzuela, Justice
Adrian A. Spears II, Justice
Velia J. Meza, Justice
Delivered and Filed: September 9, 2026
PETITION FOR WRIT OF MANDAMUS DISMISSED
Relator, B.M. 2 filed this petition for writ of mandamus on May 13, 2026. Relator also
filed a motion for stay of the underlying proceedings pending final resolution of the petition for
writ of mandamus, which this court granted on May 14, 2026, and renewed on May 21, 2026,
and invited responses from the Real Party in Interest and Respondent. On June 24, 2026, the
Real Party in Interest alerted this court to a pending motion to strike the Relator’s intervention in
the underlying case. Accordingly, we modified and lifted our stay of the lower court proceedings
for the limited purpose of allowing it to consider the evidence and arguments of the parties, and
1
This proceeding arises out of Cause No. 2024-PA-00066, styled In the Interest of M.A.T., a Child, pending in the
166th Judicial District Court, Bexar County, Texas, the Honorable Laura Salinas presiding.
2
This original proceeding arises out of a case in which the termination of parental rights was at issue. In order to
protect the minor child involved, we refer to the parties according to an alias and their respective roles in this
original proceeding. See TEX. FAM. CODE § 109.002(d); TEX. R. APP. P. 9.8(b)(2).
04-26-00392-CV
to rule on B.T.’s May 14, 2026 motion to strike intervention and plea to the jurisdiction. On July
31, 2026, the trial court heard the motion to strike Relator’s intervening petition. On August 6,
2026, the trial court issued its ruling granting the motion and striking Relator’s petition.
The existence of an actual controversy is essential to our exercise of jurisdiction. “A case
becomes moot when (1) a justiciable controversy no longer exists between the parties, (2) the
parties no longer have a legally cognizable interest in the case’s outcome, (3) the court can no
longer grant the requested relief or otherwise affect the parties’ rights or interests, or (4) any
decision would constitute an impermissible advisory opinion.” Elec. Reliability Council of Tex.,
Inc. v. Panda Power Generation Infrastructure Fund, LLC, 619 S.W.3d 628, 634–35 (Tex. 2021)
(citing State ex rel. Best v. Harper, 562 S.W.3d 1, 6 (Tex. 2018)). By striking Relator’s petition
to intervene in the underlying suit, there is no longer a controversy between the parties as to
Relator’s jury demand. See In re Salverson, No. 01-12-00384-CV, 2013 WL 557264 (Tex.
App.—Houston [1st Dist.] Feb. 14, 2013, no pet.) (dismissing a petition for writ of mandamus as
moot where the intervenor’s petition was struck and the case reached conclusion while the
mandamus petition was pending).
Because there is no longer a controversy between the parties, this original proceeding is
moot, and we no longer have jurisdiction. Accordingly, we vacate our stay order of May 21,
2026, and dismiss this original proceeding. See TEX. R. APP. P. 42.3(a), (c).
PER CURIAM
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