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In re White — Dismissed the settled mandamus proceeding and dissolved the stay

Unreported / Non-Citable

Case
In re Sue Simmons White, Individually and as Independent Executor of the Estate of Charles Franklin White, Deceased
Court
Texas Eleventh Court of Appeals
Judge
John M. Bailey (Rick Perry, 2013)
Date Decided
July 30, 2026
Docket No.
11-25-00231-CV
Topics
Mandamus; Probate; Settlement; Voluntary Dismissal
Source
Read the full opinion

Background

Sue Simmons White sought mandamus relief in a dispute arising from a county court order transferring a probate case to the 259th District Court.

After the parties reached a settlement agreement and resolved the underlying disputes, they jointly moved the Eleventh Court of Appeals to dissolve its previously issued stay and voluntarily dismiss the mandamus proceeding.

The Court’s Holding

The court granted the parties’ joint motion and dismissed the mandamus proceeding. Because the dismissal followed the parties’ settlement, the court did not address the merits of the challenged transfer order.

The court also dissolved its prior stay under Texas Rule of Appellate Procedure 52.10(b) and dismissed as moot the relator’s motion to strike real party in interest Elliott White’s appendix.

Key Takeaways

  • A settlement resolving the underlying dispute supported voluntary dismissal of the original mandamus proceeding.
  • The court dissolved the stay it had previously imposed while the proceeding was pending.
  • The relator’s motion to strike an appendix became moot upon dismissal.

Why It Matters

The decision illustrates the procedural consequences of settlement during a Texas mandamus proceeding: the appellate court may dismiss the proceeding, dissolve interim relief, and dispose of remaining motions as moot without deciding the merits of the challenged trial-court order.

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