Fourth Court of Appeals
San Antonio, Texas
June 21, 2023
No. 04-23-00381-CV
IN RE CENTRAL FREIGHT LINES, INC. and Jaime Rodriguez
Original Mandamus Proceeding 1
ORDER
On April 18, 2023, Relators filed a petition for writ of mandamus and an emergency motion
for temporary relief. Relators’ petition sought to vacate the trial court’s March 28, 2023 order
which excluded some of Relators’ proffered evidence. The emergency motion asked this court to
stay the trial court’s May 1, 2023 trial setting pending final disposition of Relators’ petition for
writ of mandamus.
On April 24, 2023, we granted Relators’ request for a stay, and we requested a response.
On June 7, 2023, Real Parties in Interest filed an unopposed motion to dismiss this
mandamus proceeding as moot. They explained that, in the underlying case, Real Parties in
Interest withdrew their previous objections to Relators’ proffered evidence, and they moved the
trial court to vacate is March 28, 2023 order. The trial court granted Real Parties in Interest’s
motion, it vacated the order Relators had complained of, and it expressly allows Relators to offer
at trial the previously excluded exhibits.
We grant Real Parties in Interest’s unopposed motion to dismiss Relators’ petition for writ
of mandamus as moot, and we vacate our April 24, 2023 order which stayed the trial setting.
It is so ORDERED on June 21, 2023.
_____________________________
Patricia O. Alvarez, Justice
1
This proceeding arises out of Cause No. 2019-CI-09847, styled Betty Lukasiewicz, Individually and as Next Friend
of C.L., a Minor v. Jamie Rodriguez and Central Freight Lines, Inc., pending in the 150th Judicial District Court,
Bexar County, Texas, the Honorable Nadine Melissa Nieto presiding.
04-23-00381-CV
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said
court on this 21st day of June, 2023.
_____________________________
Michael A. Cruz, Clerk of Court
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