Narrative Opinion Summary
Petitioners Ryder Integrated Logistics, Inc. and Ryder Integrated Logistics of Texas, LLC filed a petition for a writ of mandamus on August 12, 2013. On September 27, 2013, the opposing parties filed a motion to dismiss or abate the mandamus proceeding while considering further review options in the Texas Supreme Court. The Fourth Court of Appeals temporarily abated the proceedings on October 4, 2013, requiring a status report by December 6, 2013. Petitioners later informed the court that a petition for review is pending in the Texas Supreme Court, which maintains an automatic stay on trial court proceedings. This case pertains to Cause No. 2010-CI-03779, involving Denise Molina and George Duzane as co-conservators of Rafael “Ralph” Molina against Ryder Integrated Logistics, Inc. in the 166th Judicial District Court, Bexar County, Texas. The court dismissed the mandamus petition without prejudice, allowing for potential refiling once the trial court proceedings resume.
Legal Issues Addressed
Abatement of Mandamus Proceedingssubscribe to see similar legal issues
Application: The Fourth Court of Appeals temporarily abated the mandamus proceedings pending further developments, specifically requiring a status report by a set date.
Reasoning: The Fourth Court of Appeals temporarily abated the proceedings on October 4, 2013, requiring a status report by December 6, 2013.
Dismissal Without Prejudicesubscribe to see similar legal issues
Application: The court dismissed the mandamus petition without prejudice, allowing the petitioners the option to refile once the trial court proceedings resume.
Reasoning: The court dismissed the mandamus petition without prejudice, allowing for potential refiling once the trial court proceedings resume.
Mandamus Proceedings and Automatic Staysubscribe to see similar legal issues
Application: The court acknowledged the automatic stay on trial court proceedings due to the pending petition for review in the Texas Supreme Court, impacting the mandamus proceedings.
Reasoning: Petitioners later informed the court that a petition for review is pending in the Texas Supreme Court, which maintains an automatic stay on trial court proceedings.