In re Stephen A. Smith

Summary

The Ninth District Court of Appeals of Texas considered Stephen A. Smith's petition for a writ of mandamus seeking to compel the trial court to vacate an order. After Smith filed an agreed motion to dismiss, the court lifted its stay and dismissed the original proceeding without reaching the merits and without prejudice.

Questions Presented

1. Whether the relator's agreed motion to dismiss the original mandamus proceeding should be granted.
2. Whether the mandamus proceeding should be dismissed without reference to the merits and without prejudice.

Disposition

dismissed