in Re Ahern Rentals, Inc

Opinion

Opinion issued August 20, 2019

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-19-00515-CV ——————————— IN RE AHERN RENTALS, INC, Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

On July 15, 2019, Ahern Rentals, Inc. filed a petition for writ of mandamus

challenging the trial court’s July 1, 2019 order compelling discovery.1 On August 6,

2019, Ahern Rentals filed a motion requesting voluntary dismissal of its petition,

stating that the parties have reached an agreement to compromise and settle their

1 The underlying case is Rosalio Andrade v. Ahern Rentals, Inc., cause number 2017-40591, pending in the 129th District Court of Harris County, Texas, the Honorable Michael Gomez presiding. differences in the underlying suit. Although the motion does not include a certificate

of conference, more than 10 days have passed and no party has opposed the motion.

See TEX. R. APP. P. 10.1(a)(5), 10.3(a). Accordingly, we grant the motion and

dismiss the petition for writ of mandamus. Cf. TEX. R. APP. P. 42.1(a)(1). We

dismiss any other pending motions as moot.

PER CURIAM Panel consists of Justices Lloyd, Goodman, and Landau.