Background
This original mandamus proceeding arose from a lawsuit against Sue Simmons White, whom Charles Franklin White had named independent executor of his estate. Bunnette and Bear LLC and Shannon Suzanne Harvey Russell also appeared as relators.
During the proceeding, the court entered a Second Amended Order restraining the parties’ actions concerning disputed property and issued a stay. After reaching a settlement and resolving the underlying disputes, the parties jointly moved to vacate that order, lift the stay, and dismiss the mandamus proceeding.
The Court’s Holding
The Eleventh Court of Appeals granted the parties’ joint motion for voluntary dismissal. It vacated the Second Amended Order issued on September 18, 2025, and dismissed the mandamus proceeding.
The court also dissolved its previously issued stay under Texas Rule of Appellate Procedure 52.10(b). Because the proceeding and underlying disputes had been resolved, the court dismissed the relators’ motion to expunge the lis pendens as moot.
Key Takeaways
- A settlement resolving the underlying disputes supported voluntary dismissal of the mandamus proceeding.
- The court vacated its prior order restraining actions involving the disputed property and dissolved the appellate stay.
- The relators’ motion to expunge the lis pendens became moot upon dismissal.
Why It Matters
The decision illustrates how settlement can end an original mandamus proceeding and eliminate related interim appellate restraints. Parties settling while such relief remains in effect should expressly request that the appellate court vacate or dissolve its prior orders.