In Re Marvin Terrill Curry v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: June 28, 2023
• Docket: 10-23-00108-CV
• Status: Published

Opinion

IN THE TENTH COURT OF APPEALS

No. 10-23-00108-CV

IN RE MARVIN TERRILL CURRY

Original Proceeding

From the 54th District Court McLennan County, Texas Trial Court No. 2004-1333-C

MEMORANDUM OPINION

Marvin Terrill Curry’s “Relator’s Original Petition for Writ of Mandamus” was

filed on April 10, 2023 and “Relator’s First Supplemental Petition for Writ of Mandamus”

was filed on June 5, 2023. In his petitions, Curry complained that the trial court had not

ruled on Curry’s “Defendant’s Supplemental Motion to Rescind and/or to Correct the

Order to Withdraw Funds,” filed on December 21, 2021.

We requested a response from the Respondent and Real Party in Interest, but also

noted that if Curry's motion to rescind had been ruled upon before the due date of the

response, a copy of the ruling may be provided in lieu of a response.

The Court was provided a copy of the trial court's ruling on Curry’s motion to rescind. Accordingly, since a ruling has been made, Curry’s “Relator’s Original Petition

for Writ of Mandamus,” filed on April 10, 2023, and “Relator’s First Supplemental

Petition for Writ of Mandamus,” filed on June 5, 2023, are dismissed as moot.

TOM GRAY Chief Justice

Before Chief Justice Gray, Justice Smith, and Justice Davis 1 Petitions dismissed Opinion delivered and filed June 28, 2023 [OT06]

1 The Honorable Rex Davis, Senior Justice (Retired) of the Tenth Court of Appeals, sitting by assignment of the Chief Justice of the Texas Supreme Court. See TEX. GOV'T CODE §§ 74.003, 75.002, 75.003.

In re Curry Page 2