in Re: Lower Rio Grande Valley Workforce Development Board, Inc. D/B/A Workforce Solutions, Inc.

Opinion

NUMBER 13-10-00156-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG ____________________________________________________________

IN RE LOWER RIO GRANDE VALLEY WORKFORCE DEVELOPMENT BOARD, INC. D/B/A WORKFORCE SOLUTIONS, INC. ____________________________________________________________

On Petition for Writ of Mandamus ____________________________________________________________

MEMORANDUM OPINION

Before Justices Yañez, Rodriguez, and Garza Memorandum Opinion Per Curiam1

Relator, Lower Rio Grande Valley Workforce Development Board, Inc. d/b/a

Workforce Solutions, filed a petition for writ of mandamus and a motion for temporary

emergency relief in the above cause on April 6, 2010. That same day, the Court ordered

the real parties in interest to file responses to relator’s petition for writ of mandamus and

the motion for temporary emergency relief. On April 13, 2010, the Court granted the

motion for temporary emergency relief and ordered the temporary restraining order issued

1 See T EX . R . A PP . P . 52.8 (d ) (“W hen denying re lief, th e court m ay hand dow n an opinion but is not required to do so.”); T EX . R . A PP . P . 47.4 (distinguishing opinions and m em orandum opinions). on March 19, 2010, and extended by further order issued on April 1, 2010, to be stayed.

Currently pending before the Court is relator’s “Motion for Voluntary Dismissal” of

this original proceeding. According to this motion, the real parties in interest have

nonsuited their claims against relator and accordingly, “this mandamus action is effectively

moot.”

The Court, having examined and fully considered the motion for voluntary dismissal,

is of the opinion that the motion should be granted. Accordingly, the stay previously

imposed by this Court is LIFTED. See TEX . R. APP. P. 52.10(b) (“Unless vacated or

modified, an order granting temporary relief is effective until the case is finally decided.”).

This original proceeding is DISMISSED as moot. Pending motions, if any, are likewise

DISMISSED as moot.

IT IS SO ORDERED.

PER CURIAM

Delivered and filed the 3rd day of May, 2010.