in Re Ryder Integrated Logistics, Inc and Ryder Integrated Logistics of Texas, LLC

Opinion

Fourth Court of Appeals San Antonio, Texas

MEMORANDUM OPINION

No. 04-13-00545-CV

IN RE RYDER INTEGRATED LOGISTICS, INC. and Ryder Integrated Logistics of Texas, LLC

Original Mandamus Proceeding 1

PER CURIAM

Sitting: Catherine Stone, Chief Justice Karen Angelini, Justice Marialyn Barnard, Justice

Delivered and Filed: January 15, 2014

PETITION FOR WRIT OF MANDAMUS DISMISSED WITHOUT PREJUDICE

Relators filed this petition for writ of mandamus on August 12, 2013. On September 27,

2013, the real parties in interest filed a motion to dismiss, or alternatively to abate, the original

mandamus proceeding while the parties considered whether to seek further review of an

interlocutory appeal in the Texas Supreme Court. This court granted a temporary abatement on

October 4, and ordered relators to provide a status report no later than December 6, 2013.

Relators have advised that a petition for review is currently pending in the Texas Supreme

Court and, accordingly, the automatic stay of all proceedings in the trial court will remain in effect

while that proceeding is pending. See TEX. CIV. PRAC. & REM. CODE ANN. § 51.014(b) (West Supp.

1 This proceeding arises out of Cause No. 2010-CI-03779, styled Denise Molina and George Duzane, Co-conservators of Rafael “Ralph” Molina and Rafael “Ralph” Molina v. Ryder Integrated Logistics, Inc. et al., pending in the 166th Judicial District Court, Bexar County, Texas, the Honorable John D. Gabriel, Jr. presiding. 04-13-00545-CV

2012). This original mandamus proceeding is, therefore, dismissed without prejudice to refiling

upon resumption of the underlying proceeding in the trial court.

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