in Re Aerofund Financial, Inc.

• Court: Court of Appeals of Texas
• Decided: March 28, 2019
• Docket: 13-19-00071-CV
• Status: Published

Opinion

NUMBER 13-19-00071-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

IN RE AEROFUND FINANCIAL, INC.

On Petition for Writ of Mandamus.

MEMORANDUM OPINION Before Justices Benavides, Longoria, and Hinojosa Memorandum Opinion by Justice Benavides1

Relator Aerofund Financial, Inc. filed a petition for writ of mandamus in the above

cause seeking to compel the trial court to enforce a forum selection clause and dismiss

the underlying lawsuit. Relator and real party in interest, McAllen Tropicpak, Inc., have

now filed a joint motion to dismiss this original proceeding on grounds that the parties

have settled this matter. They request that we dismiss this petition for writ of mandamus

without prejudice.

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. When granting relief, the court must hand down an opinion as in any other case.”); Id. R. 47.4 (distinguishing opinions and memorandum opinions). The Court, having examined and fully considered the petition for writ of mandamus

and the joint motion to dismiss, is of the opinion that this matter should be dismissed.

Accordingly, we grant the joint motion to dismiss and we DISMISS this original proceeding

GINA M. BENAVIDES, Justice

Delivered and filed the 28th day of March, 2019.