Frank D. Yturria v. Banales, Hon. J. Manuel, Hon. William H. Keys, Hon. Ron Young and Hon. William Dodge

• Court: Court of Appeals of Texas
• Decided: April 23, 2009
• Docket: 13-94-00346-CV
• Status: Published

Opinion

NUMBER 13-94-00346-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG ______________________________________________________________

FRANK D. YTURRIA, Relator,

v.

HON. J. MANUEL BAÑALES, ET AL., Respondents. _____________________________________________________________

On Petition for Writ of Mandamus. ______________________________________________________________

MEMORANDUM OPINION

Before Chief Justice Valdez and Justices Garza and Vela Memorandum Opinion Per Curiam

This petition for writ of mandamus was abated by this Court on June 2, 1994, due

to the mandamus action being premature. The original proceeding was abated until such

time as the superseded partition judgment was finally determined through the normal

course of appeal. Since the abatement there has been no activity in this original

proceeding. On March 12, 2009, the Court ordered the parties to file an advisory regarding the

status of the original proceeding and, if applicable, a motion to reinstate the original

proceeding or a motion to dismiss the original proceeding. The trial court responded to the

order by informing this Court that the case was settled on all issues and recommended that

the pending petition for writ of mandamus be dismissed. Accordingly, we reinstate and

dismiss the petition for writ of mandamus for want of prosecution. See TEX . R. APP. P.

42.3(b). Any pending motions are dismissed as moot.

PER CURIAM

Memorandum Opinion delivered and filed this the 23rd day of April, 2009.