In re Toro Company

Full title: IN RE THE TORO COMPANY

Court: Court of Appeals of Texas, Thirteenth District, Corpus Christi — Edinburg

Date published: Apr 8, 2010

No. 13-09-00539-CV (Tex. App. Apr. 8, 2010)

Opinion

No. 13-09-00539-CV

Delivered and filed April 8, 2010.

On Petition for Writ of Mandamus.

Before Chief Justice VALDEZ and Justices YA Ñ EZ and BENAVIDES.

MEMORANDUM OPINION

Memorandum Opinion PER CURIAM.[fn1] [fn1] 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, The Toro Company, filed a petition for writ of mandamus in the above cause on September 24, 2009. The parties herein have now filed an "Agreed Motion to Dismiss Petition for Writ of Mandamus."

The Court, having considered the documents on file and the agreed motion to dismiss this original proceeding, is of the opinion that the motion should be granted. Accordingly, the stay previously imposed by this Court is LIFTED and this original proceeding is DISMISSED without reference to the merits thereof. See TEX. R. APP. P. 52.10(b) ("Unless vacated or modified, an order granting temporary relief is effective until the case is finally decided."). Pending motions, if any, are likewise DISMISSED.

IT IS SO ORDERED.