In Re Josie Martinez, Individually and as Personal Representative of the Estate of Rudy Martinez, Sr. v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: December 7, 2023
• Docket: 10-23-00255-CV
• Status: Published

Opinion

IN THE TENTH COURT OF APPEALS

No. 10-23-00255-CV

IN RE JOSIE MARTINEZ, INDIVIDUALLY AND AS PERSONAL REPRESENTATIVE OF THE ESTATE OF RUDY MARTINEZ, SR.

Original Proceeding

From the 82nd District Court Falls County, Texas Trial Court No. 375610

MEMORANDUM OPINION

Relator’s Petition for Writ of Mandamus was filed on August 24, 2023. In the

Petition, relator requested relief from certain orders of the trial court. On September 28,

2023, this Court referred the proceeding to mediation. The parties to the proceeding have

now filed an agreed motion to dismiss the Petition, asserting that the parties have reached

an agreement and have “fully and finally settled the dispute.”

Accordingly, Relator’s Petition for Writ of Mandamus is dismissed. Further,

pursuant to the parties’ agreement, all costs associated with the proceeding in this Court

are taxed against the party incurring same. See TEX. R. APP. P. 42.1(d).

TOM GRAY Chief Justice Before Chief Justice Gray, Justice Johnson, and Justice Smith Petition dismissed Opinion delivered and filed December 7, 2023 [CV06]

In re Martinez Page 2