Background
Relator Rebel Hayz Breaux initiated an original proceeding in the Texas Ninth Court of Appeals at Beaumont, seeking a writ of mandamus arising from Trial Cause No. 250302-C in Orange County’s 163rd District Court.
Before the appellate court issued an opinion on the mandamus petition, Breaux filed a motion asking the court to dismiss the proceeding.
The Court’s Holding
The court granted Breaux’s motion and dismissed the original proceeding.
The dismissal was expressly made without reference to the merits. Accordingly, the court did not decide whether Breaux was entitled to mandamus relief or address the substance of the underlying dispute.
Key Takeaways
- A relator may seek dismissal of a pending mandamus proceeding before the appellate court issues its decision.
- The court granted Breaux’s dismissal request and terminated the original proceeding.
- Because the dismissal was without reference to the merits, the opinion establishes no substantive ruling on the requested mandamus relief.
Why It Matters
The decision is procedural rather than substantive. It confirms only that Breaux’s mandamus proceeding ended at the relator’s request, leaving the merits of the petition unresolved.