In Re Josie Martinez, Individually and as Personal Representative of the Estate of Rudy Martinez, Sr. v. the State of Texas

IN THE
TENTH COURT OF APPEALS

No. 10-23-00255-CV

IN RE JOSIE MARTINEZ, INDIVIDUALLY
AND AS PERSONAL REPRESENTATIVE
OF THE ESTATE OF RUDY MARTINEZ, SR.

Original Proceeding

From the 82nd District Court
Falls County, Texas
Trial Court No. 375610

MEMORANDUM OPINION

Relator’s Petition for Writ of Mandamus was filed on August 24, 2023. In the

Petition, relator requested relief from certain orders of the trial court. On September 28,

2023, this Court referred the proceeding to mediation. The parties to the proceeding have

now filed an agreed motion to dismiss the Petition, asserting that the parties have reached

an agreement and have “fully and finally settled the dispute.”

Accordingly, Relator’s Petition for Writ of Mandamus is dismissed. Further,

pursuant to the parties’ agreement, all costs associated with the proceeding in this Court

are taxed against the party incurring same. See TEX. R. APP. P. 42.1(d).

TOM GRAY
Chief Justice
Before Chief Justice Gray,
Justice Johnson, and
Justice Smith
Petition dismissed
Opinion delivered and filed December 7, 2023
[CV06]

In re Martinez Page 2