In Re Rio Valley Switching Company v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: September 12, 2024
• Docket: 13-24-00425-CV
• Status: Published

Opinion

NUMBER 13-24-00425-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI – EDINBURG

IN RE RIO VALLEY SWITCHING COMPANY

ON PETITION FOR WRIT OF MANDAMUS

MEMORANDUM OPINION Before Justices Benavides, Longoria, and Silva Memorandum Opinion by Justice Benavides1

Relator Rio Valley Switching Company filed a petition for writ of mandamus

asserting that the trial court abused its discretion by imposing specific conditions on a

Rule 204 medical examination and by compelling overly broad discovery. See TEX. R.

CIV. P. 204.1 (governing physical and mental examinations). However, relator and real

party in interest Adolfo Reyes Sanchez have now filed an agreed motion to dismiss this

1 See TEX. R. APP. P. 52.8(d) (“When denying relief, the court may hand down an opinion but is not

required to do so. When granting relief, the court must hand down an opinion as in any other case.”); id. R. 47.1 (“The court of appeals must hand down a written opinion that is as brief as practicable but that addresses every issue raised and necessary to final disposition of the appeal.”); id. R. 47.4 (explaining the differences between opinions and memorandum opinions). original proceeding on grounds that they have reached an agreement concerning the

matters at issue and relator no longer desires to prosecute its petition for writ of

mandamus.

The Court, having examined and fully considered the agreed motion to dismiss, is

of the opinion that it should be granted. Accordingly, we lift the stay previously imposed

in this case, grant the agreed motion to dismiss, and dismiss the petition for writ of

GINA M. BENAVIDES Justice

Delivered and filed on the 12th day of September, 2024.