From Casetext: Smarter Legal Research

In re Lherault

Fourth Court of Appeals San Antonio, Texas
Feb 22, 2017
No. 04-17-00027-CR (Tex. App. Feb. 22, 2017)

Opinion

No. 04-17-00027-CR

02-22-2017

IN RE Charles A. LHERAULT


MEMORANDUM OPINION

Original Mandamus Proceeding PER CURIAM Sitting: Marialyn Barnard, Justice Patricia O. Alvarez, Justice Luz Elena D. Chapa, Justice PETITION FOR WRIT OF MANDAMUS DISMISSED

This proceeding arises out of Cause No. 2013CR10281, styled State of Texas v. Charles A. Lherault, pending in the 175th Judicial District Court, Bexar County, Texas, the Honorable Catherine Torres-Stahl presiding.

On January 17, 2017, Relator filed a petition for writ of mandamus complaining the trial court had not ruled on a motion filed by Relator. This court abated the proceeding pursuant to the Texas Rules of Appellate Procedure. See TEX. R. APP. P. 7.2(b) ("If the case is an original proceeding under Rule 52, the court must abate the proceeding to allow the successor to reconsider the original party's decision.").

On February 10, 2017, Relator filed an unopposed motion to dismiss this proceeding, stating that the trial court had ruled on his motion. We order the abatement lifted and grant the unopposed motion to dismiss.

PER CURIAM DO NOT PUBLISH


Summaries of

In re Lherault

Fourth Court of Appeals San Antonio, Texas
Feb 22, 2017
No. 04-17-00027-CR (Tex. App. Feb. 22, 2017)
Case details for

In re Lherault

Case Details

Full title:IN RE Charles A. LHERAULT

Court:Fourth Court of Appeals San Antonio, Texas

Date published: Feb 22, 2017

Citations

No. 04-17-00027-CR (Tex. App. Feb. 22, 2017)

Citing Cases

Lherault v. State

We dismissed Lherault's petition for writ of mandamus because he filed an unopposed motion to dismiss the…