NUMBER 13-12-00211-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
IN RE CYPRESS TEXAS LLOYDS
On Petition for Writ of Mandamus.
MEMORANDUM OPINION
Before Justices Rodriguez, Benavides, and Perkes
Memorandum Opinion Per Curiam1
Relator, Cypress Texas Lloyds, filed a petition for writ of mandamus in the above
cause on April 3, 2012, seeking relief from an order denying a motion to compel
appraisal. The Court requested and received a response to the petition for writ of
mandamus from the real parties in interest, Ricardo Prieto and Lynn Prieto. Currently
pending before the Court is relator’s unopposed motion to abate this proceeding on
grounds that the parties have reached a preliminary settlement in the underlying case.
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See TEX. R. APP. P. 52.8(d) (“When denying relief, the court may hand down an opinion but is
not required to do so.”); TEX. R. APP. P. 47.4 (distinguishing opinions and memorandum opinions).
Relator requests that we abate this proceeding for sixty days to allow adequate time for
the settlement to be finalized.
The Court, having examined and fully considered the motion to abate, is of the
opinion that the matter should instead be dismissed without prejudice to relator’s right to
refile the petition for writ of mandamus if necessary. If the settlement is not concluded
and relator seeks to refile the petition for writ of mandamus, the Court will allow the
matter to be resubmitted to the Court on the pleadings already filed in this cause and
will not assess filing fees for those pleadings. Accordingly, relator’s motion to abate is
DENIED and the petition for writ of mandamus is DISMISSED without prejudice. See
TEX. R. APP. P. 52.8(a). Pending motions, if any, are dismissed as moot.
PER CURIAM
Delivered and filed the
7th day of August, 2012.
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