in Re Del Monte Fresh Produce N.A., INC.

Opinion

Opinion issued February 7, 2011.

In The

Court of Appeals

For The

First District of Texas

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NO. 01-11-00081-CV

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In re Del Monte Fresh Produce N.A., Inc., Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION[1]

          Relator Del Monte Fresh Produce N.A., Inc. (“Del Monte”) has filed a petition for writ of mandamus, seeking to have this Court compel the trial court to enforce a contractual waiver of the right to a jury trial.   While Del Monte’s petition was pending, real party in interest James J. Flanagan Shipping Corporation filed a copy of its notice of waiver of a jury trial and agreement to strike the jury demand from its petition.  Accordingly, Del Monte’s petition for writ of mandamus is now moot.    

We dismiss Del Monte’s petition for writ of mandamus, and our order staying the trial of the underlying case is vacated.  All outstanding motions are dismissed as moot.

PER CURIAM

Panel consists of Chief Justice Radack and Justices Bland and Brown.

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[1]           The underlying case is James J. Flanagan Shipping Corp. v. Del Monte Fresh Produce N.A., Inc., No. 60,347 in the County Court at Law No. 3 of Galveston County, Texas, the Honorable Christopher M. Dupuy presiding.