Opinion
No. 07-19-00185-CV
06-14-2019
IN RE DIMENSION ENERGY SEVICES, LLC F/K/A ENERGY SERVICES ACQUISITIONS II, LLC, RELATOR
Original Proceeding
Arising From Proceedings Before the 31st District Court Wheeler County, Texas
Trial Court No. 13,809; Honorable Steve R. Emmert, Presiding
MEMORANDUM OPINION
Before QUINN, C.J., and PIRTLE and PARKER, JJ.
Relator, Dimension Energy Services, LLC formerly known as Energy Services Acquisitions II, LLC, filed a petition for writ of mandamus to compel the trial court to vacate its Order for Turnover in favor of Real Party in Interest, Michael O'Gorman. Now pending before this court is the Agreed Motion to Dismiss Petition for Writ of Mandamus Without Prejudice filed by Relator. By this motion, Relator represents that the parties have reached an agreement to dismiss this proceeding without prejudice to refiling same as part of their efforts to resolve the underlying matter. Accordingly, without passing on the merits of Relator's petition, we grant the motion and dismiss the original proceeding without prejudice. See TEX. R. APP. P. 42.1(a)(1). Pursuant to the motion, all costs shall be taxed against the parties incurring them. Id. at 42.1(d). Having dismissed this proceeding at Relator's request, no motion for rehearing will be entertained.
Per Curiam