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In re Hernandez — Mandamus petition dismissed after parties reached an agreement

Unreported / Non-Citable

Case
In re Concepcion Quintero Hernandez and Kassey Guerra
Court
Texas Fourth Court of Appeals
Judge
Lori Massey Brissette (Greg Abbott, 2024); Adrian A. Spears II (elected 2024); Velia J. Meza (elected 2024)
Date Decided
August 19, 2026
Docket No.
04-26-00617-CV
Topics
Mandamus, Voluntary Dismissal, Rule 11 Agreement
Source
Read the full opinion

Background

Concepcion Quintero Hernandez and Kassey Guerra sought mandamus relief in an original proceeding arising from Francisca Matamoros Perez v. Concepcion Quintero Hernandez and Kassey Guerra, pending in the 111th Judicial District Court of Webb County, Texas.

The relators filed their mandamus petition on August 5, 2026. On August 13, they moved to dismiss it, advising the Fourth Court of Appeals that the parties had reached a Rule 11 agreement concerning the underlying trial-court case.

The Court’s Holding

The Fourth Court of Appeals granted the relators’ motion and dismissed their petition for a writ of mandamus.

The court did not address the merits of the requested mandamus relief. Its disposition rested solely on the relators’ request for dismissal following the parties’ Rule 11 agreement.

Key Takeaways

  • A party that filed a mandamus petition may seek its dismissal after developments in the underlying litigation resolve the immediate dispute.
  • The parties’ Rule 11 agreement prompted the relators to request dismissal of the original proceeding.
  • The dismissal produced no ruling on whether the relators were entitled to mandamus relief.

Why It Matters

The memorandum opinion illustrates how an agreement in the underlying trial-court case can end a related mandamus proceeding without appellate consideration of the merits. Because the court merely granted the relators’ dismissal request, the opinion establishes no substantive rule governing the underlying dispute.

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