in Re: Rolando Castro ( 2010 )

NUMBER 13-10-00344-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

____________________________________________________________

IN RE: ROLANDO CASTRO

____________________________________________________________

On Petition for Writ of Mandamus. ____________________________________________________________

MEMORANDUM OPINION

Before Chief Justice Valdez and Justices Yañez and Garza Memorandum Opinion Per Curiam ⁽¹⁾

On June 29, 2010, relator, Rolando Castro, filed a petition for writ of mandamus. On July 7, 2010, the Court requested that the real party in interest, Transmontaigne, Inc., file a response to the petition for writ of mandamus. Relator has now filed a motion to dismiss this original proceeding. According to the motion to dismiss, the parties have compromised and settled their differences.

The Court, having considered the documents on file and relator's motion to dismiss this original proceeding, is of the opinion that the motion should be granted. Accordingly, this original proceeding is DISMISSED without reference to the merits thereof. Pending motions, if any, are likewise DISMISSED.

IT IS SO ORDERED.

PER CURIAM

Delivered and filed the

7th day of September, 2010.

1. 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).