Unreported / Non-Citable
Background
Stryder Construction & Pipeline, Inc. filed a petition for a writ of mandamus arising from proceedings in the 153rd District Court of Tarrant County, Texas, in trial court case number 153-356787-24.
The court of appeals considered the petition, the mandamus record, the real parties in interest’s response, and Stryder’s reply. Stryder then represented to the court that the matter had been settled.
The Court’s Holding
Acting on its own motion and based on Stryder’s representation that the matter had settled, the Second Court of Appeals dismissed the mandamus petition without prejudice.
The court did not reach the petition’s merits or decide whether mandamus relief otherwise would have been warranted.
Key Takeaways
- A settlement ended the need for the appellate court to address the requested mandamus relief.
- The court dismissed the petition on its own motion after considering the parties’ filings and Stryder’s settlement representation.
- The dismissal was without prejudice and did not resolve the underlying mandamus issues on the merits.
Why It Matters
The opinion illustrates that a Texas appellate court may dispose of an original mandamus proceeding once the relator reports that the dispute has settled. Because the dismissal was without prejudice, the brief memorandum opinion establishes no merits ruling concerning the challenged trial-court action.