Background
Tri-Con, Inc. filed a petition for a writ of mandamus in an original proceeding arising from Trial Cause No. 250276-C in the 260th District Court of Orange County, Texas. The Texas Ninth Court of Appeals had granted temporary relief while the proceeding was pending.
Before the court issued an opinion on the petition, Tri-Con filed a notice stating that the parties had settled and withdrawing its mandamus petition.
The Court’s Holding
The court lifted its order granting temporary relief and dismissed the original proceeding. It expressly dismissed the petition without addressing the merits.
Because the proceeding ended following settlement and withdrawal, the court made no ruling on whether Tri-Con was entitled to mandamus relief.
Key Takeaways
- A relator may withdraw a mandamus petition after the parties settle.
- The court lifted its temporary-relief order when it dismissed the proceeding.
- The dismissal was without reference to the merits of Tri-Con’s petition.
Why It Matters
The disposition confirms that settlement and withdrawal can terminate an original mandamus proceeding before an appellate merits decision. Any temporary relief granted during the proceeding no longer remained in effect after dismissal.