Opinion
NO. 01-19-00515-CV
08-20-2019
IN RE AHERN RENTALS, INC, Relator
Original Proceeding on Petition for Writ of Mandamus
MEMORANDUM OPINION
On July 15, 2019, Ahern Rentals, Inc. filed a petition for writ of mandamus challenging the trial court's July 1, 2019 order compelling discovery. On August 6, 2019, Ahern Rentals filed a motion requesting voluntary dismissal of its petition, stating that the parties have reached an agreement to compromise and settle their differences in the underlying suit. Although the motion does not include a certificate of conference, more than 10 days have passed and no party has opposed the motion. See TEX. R. APP. P. 10.1(a)(5), 10.3(a). Accordingly, we grant the motion and dismiss the petition for writ of mandamus. Cf. TEX. R. APP. P. 42.1(a)(1). We dismiss any other pending motions as moot.
The underlying case is Rosalio Andrade v. Ahern Rentals, Inc., cause number 2017-40591, pending in the 129th District Court of Harris County, Texas, the Honorable Michael Gomez presiding.
PER CURIAM Panel consists of Justices Lloyd, Goodman, and Landau.