The opinion
Opinion issued September 22, 2016
In The
Court of Appeals
For The
First District of Texas
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NO. 01-16-00306-CV
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IN RE ABELARDO SANTOS, Relator
Original Proceeding on Petition for Writ of Mandamus
MEMORANDUM OPINION
Relator, Abelardo Santos, filed a petition for writ of mandamus seeking to
compel the respondent trial judge to vacate his February 12, 2016 “Declaration
Regarding ‘Default Judgment’ Signed and Entered on April 14, 2015,” in the
underlying proceeding.1 On August 8, 2016, relator filed a letter in this Court noting
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The underlying case is Abelardo Santos v. Remedial Construction Services, L.P.,
Cause No. 2014-52569, pending in the 333rd District Court of Harris County,
Texas, the Honorable Joseph J. “Tad” Halbach, Jr. presiding.
that the parties had reached a settlement and that a motion to dismiss would be filed
within thirty days. On September 5, 2016, relator filed an unopposed motion for
dismissal of this mandamus proceeding. See TEX. R. APP. P. 42.1(a)(1). Although
relator’s motion to dismiss does not contain a certificate of conference, the motion
contains a certificate of service on counsel for the real party in interest, Remedial
Construction Services, L.P., and notes that this motion is not opposed. See TEX. R.
APP. P. 10.1(a)(5), 10.3(a)(2).
Accordingly, we grant the relator’s unopposed motion to dismiss his
mandamus petition. See TEX. R. APP. P. 42.1(a)(1).
PER CURIAM
Panel consists of Justices Jennings, Keyes, and Brown.
2