Unreported / Non-Citable
Background
Home State County Mutual Insurance Company filed a petition for a writ of mandamus in an original proceeding arising from a case pending in the 37th Judicial District Court of Bexar County, Texas.
On June 13, 2026, Home State moved to withdraw its mandamus petition because the real parties in interest—the plaintiffs in the trial court—had filed a motion to dismiss all defendants with prejudice, together with an order of dismissal.
The Court’s Holding
The Fourth Court of Appeals granted Home State’s motion and dismissed the petition for a writ of mandamus.
The court also denied as moot all pending motions filed in the appellate court and lifted the stay it had imposed on June 26, 2026.
Key Takeaways
- The court did not decide the merits of Home State’s request for mandamus relief.
- The petition was dismissed after Home State asked to withdraw it following the trial-court plaintiffs’ filing of a motion to dismiss all defendants with prejudice and an order of dismissal.
- The dismissal ended the appellate stay and rendered the remaining appellate motions moot.
Why It Matters
The memorandum opinion illustrates that when developments in the trial court eliminate the need for requested mandamus relief, the relator may seek withdrawal and dismissal without an appellate ruling on the merits.