In Re Central Freight Lines, Inc. and Jaime Rodriguez v. the State of Texas

CourtCourt of Appeals of Texas
DecidedJune 21, 2023
Docket04-23-00381-CV
StatusPublished

This text of In Re Central Freight Lines, Inc. and Jaime Rodriguez v. the State of Texas (In Re Central Freight Lines, Inc. and Jaime Rodriguez v. the State of Texas) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re Central Freight Lines, Inc. and Jaime Rodriguez v. the State of Texas, (Tex. Ct. App. 2023).

Opinion

Fourth Court of Appeals San Antonio, Texas

MEMORANDUM OPINION No. 04-23-00381-CV

IN RE CENTRAL FREIGHT LINES, INC. and Jaime Rodriguez

Original Mandamus Proceeding 1

PER CURIAM

Sitting: Patricia O. Alvarez, Justice Luz Elena D. Chapa, Justice Liza A. Rodriguez, Justice

Delivered and Filed: June 21, 2023

PETITION FOR WRIT OF MANDAMUS DISMISSED

On April 18, 2023, Relators filed a petition for writ of mandamus and an emergency motion

for temporary relief. Relators’ petition sought to vacate the trial court’s March 28, 2023 order

which excluded some of Relators’ proffered evidence. The emergency motion asked this court to

stay the trial court’s May 1, 2023 trial setting pending final disposition of Relators’ petition for

writ of mandamus.

On April 24, 2023, we granted Relators’ request for a stay, and we requested a response.

On June 7, 2023, Real Parties in Interest filed an unopposed motion to dismiss this

mandamus proceeding as moot. They explained that, in the underlying case, Real Parties in

Interest withdrew their previous objections to Relators’ proffered evidence, and they moved the

1 This proceeding arises out of Cause No. 2019-CI-09847, styled Betty Lukasiewicz, Individually and as Next Friend of C.L., a Minor v. Jamie Rodriguez and Central Freight Lines, Inc., pending in the 150th Judicial District Court, Bexar County, Texas, the Honorable Nadine Melissa Nieto presiding. 04-23-00381-CV

trial court to vacate is March 28, 2023 order. The trial court granted Real Parties in Interest’s

motion, it vacated the order Relators had complained of, and it expressly allows Relators to offer

at trial the previously excluded exhibits.

We grant Real Parties in Interest’s unopposed motion to dismiss Relators’ petition for writ

of mandamus as moot, and we vacate our April 24, 2023 order which stayed the trial setting.

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In Re Central Freight Lines, Inc. and Jaime Rodriguez v. the State of Texas, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-central-freight-lines-inc-and-jaime-rodriguez-v-the-state-of-texas-texapp-2023.