Narrative Opinion Summary
Relators Pat Green and Threlkeld Company Insurance Agency sought a writ of mandamus from the Tenth Court of Appeals concerning venue transfer rulings made by the 249th District Court in Johnson County, Texas. On July 6, 2022, Green informed the Court of a settlement agreement and the intention to dismiss the proceeding, but no formal motion to dismiss was filed. On August 1, 2022, the Court Clerk requested a status report on the dismissal, indicating that failure to provide a report within seven days would result in the dismissal of the case. As no status report was submitted within the specified timeframe, the Court dismissed the proceeding in accordance with Texas Rules of Appellate Procedure 42.3(b) and (c). The opinion was delivered and filed on August 17, 2022.
Legal Issues Addressed
Mandamus Relief and Settlement Agreementssubscribe to see similar legal issues
Application: The relators sought mandamus relief concerning venue transfer rulings but informed the court of a settlement agreement, which led to the intention to dismiss the proceeding.
Reasoning: Relators Pat Green and Threlkeld Company Insurance Agency sought a writ of mandamus from the Tenth Court of Appeals concerning venue transfer rulings made by the 249th District Court in Johnson County, Texas. On July 6, 2022, Green informed the Court of a settlement agreement and the intention to dismiss the proceeding, but no formal motion to dismiss was filed.
Procedural Requirements for Dismissalsubscribe to see similar legal issues
Application: The proceeding was dismissed due to non-compliance with procedural requirements for providing a status report on the dismissal.
Reasoning: On August 1, 2022, the Court Clerk requested a status report on the dismissal, indicating that failure to provide a report within seven days would result in the dismissal of the case. As no status report was submitted within the specified timeframe, the Court dismissed the proceeding in accordance with Texas Rules of Appellate Procedure 42.3(b) and (c).