Opinion
NO. 01-16-00830-CV
02-22-2018
IN RE STEVEN BAILEYS, Relator
Original Proceeding on Petition for Writ of Mandamus
MEMORANDUM OPINION ON REHEARING
This Court's November 9, 2017 Memorandum Opinion granted the petition for a writ of mandamus filed by relator, Steven Baileys. After this Court requested a response to the real party in interest Ensource Corporation's first amended motion for rehearing, relator requested and received an extension of time to file a response until February 7, 2018, because the parties were finalizing settlement.
The underlying case is Ensource Corporation v. Baileys Energy, LLC, Cause No. 1061661-101, pending in the County Civil Court at Law No. 3 of Harris County, Texas, the Honorable Linda Storey presiding.
On February 7, 2018, the parties filed a joint motion to dismiss with prejudice, stating that the parties have fully settled all matters, and that they are filing a joint motion to dismiss with prejudice in the trial court. Thus, the parties seek to dismiss this mandamus petition with prejudice, and request that costs be taxed against those incurring the same. See TEX. R. APP. P. 42.1(a)(1), (d). Although neither party requested withdrawal of the Memorandum Opinion, we must determine whether to do so nostra sponte. See id. 42.1(c).
Accordingly, we withdraw the Memorandum Opinion, grant the joint motion to dismiss this petition with prejudice, and order that all appellate costs be borne by the party incurring the same. See id. 42.1(a)(1), (c), (d). We dismiss the rehearing motion as moot.
PER CURIAM Panel consists of Justices Higley, Massengale, and Lloyd.