Background
VHS San Antonio Partners, LLC filed a petition for writ of mandamus on June 3, 2026. The original proceeding arose from Pamela Mendez v. VHS San Antonio Partners, LLC d/b/a St. Luke’s Baptist Hospital, pending in the 224th Judicial District Court of Bexar County.
On June 25, the Fourth Court of Appeals was advised that the respondent had vacated the order giving rise to the mandamus petition. Four days later, VHS filed a “Notice of Dismissal of Mandamus Without Prejudice” under Texas Rule of Appellate Procedure 42.1(a)(1).
The Court’s Holding
The court construed VHS’s notice as a motion to dismiss. It explained that Rule 42.1(a)(1) permits dismissal on the appellant’s motion and applies likewise to a relator seeking dismissal of an original proceeding.
The court granted the motion and dismissed the petition for writ of mandamus. The memorandum opinion did not address the merits of VHS’s requested mandamus relief.
Key Takeaways
- A relator’s notice requesting dismissal of a mandamus proceeding may be construed as a motion under Texas Rule of Appellate Procedure 42.1(a)(1).
- The trial court had vacated the challenged order before VHS requested dismissal.
- The appellate court dismissed the mandamus petition without reaching its merits.
Why It Matters
The decision illustrates the procedural route for ending a Texas original proceeding after the challenged trial-court order has been vacated. It also confirms that the voluntary-dismissal mechanism in Rule 42.1(a)(1) extends to relators in mandamus proceedings.