The opinion
Opinion issued October 15, 2013.
In The
Court of Appeals
For The
First District of Texas
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NO. 01-13-00763-CV
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IN RE ESTATE OF SAYDA J. HERNANDEZ, Relator
Original Proceeding on Petition for Writ of Mandamus
MEMORANDUM OPINION
Relator, the Estate of Sayda J. Hernandez, filed a petition for writ of
mandamus, contending that respondent, the Honorable Michael Landrum, abused
his discretion in conducting a hearing on relator’s motion to quash depositions
without proper notice to relator, and ordering depositions and discovery to proceed
over relator’s objections.1 Relator’s counsel subsequently filed a letter in this Court
stating that he has decided to withdraw the petition for writ of mandamus. We
construe counsel’s letter as a motion to dismiss the petition. The letter has been on
file with the Court for more than ten days. Neither the real party in interest,
Sandpiper Apartments, LP, nor respondent has expressed opposition to withdrawal
of the petition for writ of mandamus. See TEX. R. APP. P. 10.1(a)(5), 10.3(a)(2).
We grant the motion to dismiss and dismiss the petition for writ of
mandamus.
PER CURIAM
Panel consists of Justices Jennings, Sharp, and Brown.
1
The petition identifies the underlying case as Omar Castro, as Representative of the
Estate of Sayda J. Reyes Hernandez, Deceased, and as Legal Guardian of MOC and
JEC, Minor Children, and Miriam Elizabeth Hernandez, Individually and as Next Friend
of ACG and MIG, Minor Children v. Sandpiper Apartments, LP, Cause No. 2011-57667,
in the 113th District Court of Harris County, Texas, the Honorable Michael Landrum,
presiding.
2