Opinion
05-23-00127-CV
06-21-2024
IN RE KIRBY-SMITH MACHINERY, INC. AND CHAD WHITE, Relators
Original Proceeding from the County Court at Law No. 1 Dallas County, Texas Trial Court Cause No. CC-19-06240-A.
Before Justices Pedersen, III, Smith, and Kennedy
ORDER
CRAIG SMITH JUSTICE
We REINSTATE this original proceeding. This Court originally abated this original proceeding at relators' request following a rule 11 settlement agreement to allow the parties thirty days to draft and execute formal settlement documents and move to dismiss this proceeding and the underlying proceeding. Before those settlement documents could be executed, however, relators advised the Court that real party in interest Teresa Watson passed away, and relators asked the Court to continue the abatement for ninety days so that Watson's counsel could work with Watson's heirs regarding the authority to complete the settlement documents. Nearly a year later, after multiple status reports and requests to extend the abatement, this case has remained abated.
In their eighth status report, relators advised the Court that on April 19, 2024, a probate court issued an order admitting a will in the proceeding regarding Watson's estate, and relators noted other points reflected on the probate court's online docket. Having reviewed the same, it has come to the Court's attention that on April 19, 2024, the probate court also appointed an independent administrator for the estate of real party in interest Teresa Watson.
Therefore, it appears that there is a duly appointed personal representative of Watson's estate who has the general authority to settle claims in litigation. Accordingly, this Court will proceed with reviewing the merits of relators' petition for writ of mandamus unless relators file a motion to dismiss on or before July 1, 2024. If relators do not move to dismiss by such date, then real parties in interest and respondent are requested to file a response, if any, to the petition for writ of mandamus on or before July 11, 2024.