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Yturria v. Bañales

Court of Appeals of Texas, Thirteenth District, Corpus Christi — Edinburg
Apr 23, 2009
No. 13-94-00346-CV (Tex. App. Apr. 23, 2009)

Opinion

No. 13-94-00346-CV

Memorandum Opinion delivered and filed April 23, 2009.

On Petition for Writ of Mandamus.

Before Chief Justice VALDEZ and Justices GARZA and VELA.


MEMORANDUM OPINION


This petition for writ of mandamus was abated by this Court on June 2, 1994, due to the mandamus action being premature. The original proceeding was abated until such time as the superseded partition judgment was finally determined through the normal course of appeal. Since the abatement there has been no activity in this original proceeding.

On March 12, 2009, the Court ordered the parties to file an advisory regarding the status of the original proceeding and, if applicable, a motion to reinstate the original proceeding or a motion to dismiss the original proceeding. The trial court responded to the order by informing this Court that the case was settled on all issues and recommended that the pending petition for writ of mandamus be dismissed. Accordingly, we reinstate and dismiss the petition for writ of mandamus for want of prosecution. See TEX. R. APP. P. 42.3(b). Any pending motions are dismissed as moot.


Summaries of

Yturria v. Bañales

Court of Appeals of Texas, Thirteenth District, Corpus Christi — Edinburg
Apr 23, 2009
No. 13-94-00346-CV (Tex. App. Apr. 23, 2009)
Case details for

Yturria v. Bañales

Case Details

Full title:FRANK D. YTURRIA, Relator, v. HON. J. MANUEL BAÑALES, ET AL., Respondents

Court:Court of Appeals of Texas, Thirteenth District, Corpus Christi — Edinburg

Date published: Apr 23, 2009

Citations

No. 13-94-00346-CV (Tex. App. Apr. 23, 2009)