Opinion
NUMBER 13-17-00573-CV
11-29-2017
IN RE DANIEL FLORES
On Petition for Writ of Mandamus.
MEMORANDUM OPINION
Before Chief Justice Valdez and Justices Contreras and Hinojosa
Memorandum Opinion by Justice Hinojosa
See TEX. R. APP. P. 52.8(d) ("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).
Relator Daniel Flores filed a petition for writ of mandamus in the above cause on October 11, 2017 through which he sought to compel the trial court to (1) vacate its order quashing discovery and granting a protective order, and (2) to grant relator's requested discovery. This Court requested that the real parties in interest, Frank A. Mora, Rosa M. Mora, First Vista Investments, LLC, HJC Home Health Care Services, or any others whose interest would be directly affected by the relief sought, file a response to the petition for writ of mandamus. See TEX. R. APP. P. 52.2, 52.4, 52.8. However, the relator has now filed an unopposed motion to voluntarily dismiss this original proceeding without prejudice. According to relator's motion, the trial court has entered an order which vacates, in part, the order on which this mandamus proceeding is based. Accordingly, relator requests that we dismiss this original proceeding without prejudice.
The Court, having examined and fully considered the unopposed motion to voluntarily dismiss this petition for writ of mandamus, is of the opinion that the motion should be granted. Accordingly, we GRANT the unopposed motion to dismiss and dismiss this original proceeding without prejudice.
LETICIA HINOJOSA
Justice Delivered and filed the 29th day of November, 2017.