Opinion
NUMBER 13-17-00623-CV
11-21-2017
IN RE CMRK, INC.
On Petition for Writ of Mandamus
MEMORANDUM OPINION
Before Justices Rodriguez, Benavides, and Longoria
Memorandum Opinion by Justice Longoria
See TEX. R. APP. P. 52.8(d) ("When granting relief, the court must hand down an opinion as in any other case," but when "denying relief, the court may hand down an opinion but is not required to do so."); TEX. R. APP. P. 47.4 (distinguishing opinions and memorandum opinions).
By amended petition for writ of mandamus, CMRK, Inc. (CMRK) seeks to compel the trial court to vacate its orders denying CMRK's request for modification of a protective order and denying its motion for a continuance of trial. This Court requested and received a response to the petition for writ of mandamus from the real party in interest, Tampico Trading Group, LLC (Tampico). These parties have now filed an agreed joint motion to dismiss this original proceeding pursuant to settlement. According to the agreed joint motion, the parties have settled the dispute in the underlying lawsuit and this original proceeding and request that we dismiss this cause with costs to be assessed against the party incurring same. See TEX. R. APP. P. 42.1(a)(2)(A).
The Court, having examined and fully considered the agreed joint motion to dismiss, is of the opinion that it should be granted. Accordingly, we LIFT the stay previously imposed in this cause. We GRANT the agreed joint motion to dismiss and we DISMISS this original proceeding with costs, if any, assessed against the party incurring same. We DISMISS CMRK's "Motion for Temporary Relief Pending Determination of Petition for Writ of Mandamus" and Tampico's "Motion to Reconsider Order Granting Temporary Relief" as moot. See id. R. 52.8(a).
NORA L. LONGORIA
Justice Delivered and filed the 21st day of November, 2017.