Texas Farm Bureau Mutual Insurance Company and Steve and Patti Jones v. State Farm Mutual Automobile Insurance Company

• Court: Court of Appeals of Texas
• Decided: November 24, 2003
• Docket: 07-03-00049-CV
• Status: Published

Opinion

NO. 07-03-0049-CV

IN THE COURT OF APPEALS

FOR THE SEVENTH DISTRICT OF TEXAS

AT AMARILLO

PANEL C

NOVEMBER 24, 2003

______________________________

TEXAS FARM BUREAU MUTUAL INSURANCE COMPANY AND STEVE AND PATTI JONES, APPELLANTS

V.

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, APPELLEE

_________________________________

FROM THE COUNTY COURT AT LAW NO. 3 OF LUBBOCK COUNTY;

NO. 2002-593,144; HONORABLE PAULA LANEHART, JUDGE

_______________________________

Before JOHNSON, C.J., and QUINN and REAVIS, JJ.

ON JOINT MOTION TO DISMISS

Prior to submission of the merits of this appeal, appellants Texas Farm Bureau Mutual Insurance Company and Steve and Patti Jones and appellee State Farm Mutual Automobile Insurance Company filed a joint motion to dismiss representing they have reached an agreement to settle and compromise their differences and no longer wish to appeal. Tex. R. App. P. 42.1(a)(2)(A). We grant the motion and pursuant to the parties' request, costs are to be assessed against he party incurring them. Cf. Tex. R. App. P. 42.1(d). Having dismissed the appeal at the request of the parties, no motion for rehearing will be entertained and our mandate will issue forthwith.

Don H. Reavis

Justice

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NO.  07-10-0371-CV

                                                   IN THE COURT OF APPEALS

                                       FOR THE SEVENTH DISTRICT OF TEXAS

                                                                 AT AMARILLO

                                                                      PANEL B

                                                            OCTOBER 12, 2010

                                            ______________________________

                                                  IN RE ANASTACIO VASQUEZ,

                                                                                                            Relator

                                       Original Proceeding for Writ of Mandamus

                                           _______________________________

Before QUINN, C.J., and CAMPBELL and HANCOCK, JJ.

            Pending before this court is the application of Anastacio Vasquez for a writ of mandamus. He requests that we “compel the Lamb County 154^th District Court to order Lamb County Stephanie Chester District Clerk to send relator the transcriptions of the Court Reporter’s notes of relator’s first and second trials under the same cause number 2932.”   We deny the application for the following reason.

First, to the extent that Vasquez asks us to order the district court to order the district clerk to send him transcriptions of his trials, we cannot.   When a trial court has yet to act on a matter, authority entitles us only to order the court to act; it does not allow us to order it to make a particular decision.  O'Donniley v. Golden, 860 S.W.2d 267, 269 (Tex. App.–Tyler 1993, orig. proceeding).   Thus, we cannot direct the trial court to grant Vasquez' motion allegedly pending in the district court.

Second, Vasquez cites us no authority illustrating that the district court clerk is required to forward the aforementioned records to him or that the district court has the authority to so order the clerk.  Thus, he has not satisfied his burden to prove his entitlement to mandamus relief.

Accordingly, the application for writ of mandamus pending before this
court is denied.

Brian Quinn

Chief Justice