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in Re: Luz Valdez Grado

Citation: Not availableDocket: 08-07-00317-CV

Court: Court of Appeals of Texas; February 20, 2008; Texas; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

Luz Valdez Grado filed a petition for habeas corpus relief from a contempt order issued on November 7, 2007. On November 9, 2007, the Court of Appeals for the Eighth District of Texas granted her release from confinement on bond while the case was pending. Subsequently, Grado requested to dismiss the petition due to a settlement reached with the opposing party. The court granted her motion, revoked the previous release order that required a $1,000 bond, and dismissed the habeas corpus petition in accordance with Texas Rule of Appellate Procedure 42.1(a)(1). The decision was issued on February 21, 2008, by Justice Ann Crawford McClure, with Justices Chew and Carr concurring.

Legal Issues Addressed

Application of Texas Rule of Appellate Procedure 42.1(a)(1)

Application: The dismissal of the habeas corpus petition was conducted in accordance with procedural rules allowing for such dismissal following a settlement.

Reasoning: The court granted her motion, revoked the previous release order that required a $1,000 bond, and dismissed the habeas corpus petition in accordance with Texas Rule of Appellate Procedure 42.1(a)(1).

Dismissal of Petition Following Settlement

Application: The petitioner requested dismissal of her habeas corpus petition due to a settlement with the opposing party, which was granted by the court.

Reasoning: Subsequently, Grado requested to dismiss the petition due to a settlement reached with the opposing party.

Habeas Corpus Relief from Contempt Order

Application: Luz Valdez Grado sought habeas corpus relief from a contempt order, leading to her temporary release on bond by the appellate court.

Reasoning: Luz Valdez Grado filed a petition for habeas corpus relief from a contempt order issued on November 7, 2007.

Revocation of Release Order

Application: Upon dismissal of the petition, the court revoked the previous release order that had required a $1,000 bond.

Reasoning: The court granted her motion, revoked the previous release order that required a $1,000 bond, and dismissed the habeas corpus petition in accordance with Texas Rule of Appellate Procedure 42.1(a)(1).