in Re Abelardo Santos

Opinion issued September 22, 2016

In The

Court of Appeals

For The

First District of Texas ————————————

NO. 01-16-00306-CV ———————————

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 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.