In Re ArtCom Communications South, L.L.C v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: July 3, 2023
• Docket: 13-23-00256-CV
• Status: Published

Opinion

NUMBER 13-23-00256-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI – EDINBURG

IN RE ARTCOM COMMUNICATIONS SOUTH, L.L.C.

On Petition for Writ of Mandamus.

MEMORANDUM OPINION

Before Chief Justice Contreras and Justices Benavides and Longoria Memorandum Opinion by Chief Justice Contreras1

Relator Artcom Communications South, L.L.C. filed a petition for writ of mandamus

asserting that the trial court abused its discretion by compelling relator to produce certain

witnesses for deposition within thirty days. However, relator has now filed an unopposed

motion to dismiss this original proceeding on grounds that the parties have reached an

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. 47.1 (requiring the appellate courts to “hand down a written opinion that is as brief as practicable but that addresses every issue raised and necessary to final disposition”); id. R. 47.4 (distinguishing opinions and memorandum opinions). agreement concerning the matters at issue and relator no longer wishes to prosecute its

petition for writ of mandamus.

The Court, having examined and fully considered relator’s unopposed motion to

dismiss, is of the opinion that it should be granted. Accordingly, we lift the stay previously

imposed in this case. See TEX. R. APP. P. 52.10(b). We grant the unopposed motion to

dismiss, and we dismiss this petition for writ of mandamus.

DORI CONTRERAS Chief Justice

Delivered and filed on the 3rd day of July, 2023.