in Re: Rolando Castro

Opinion

NUMBER 13-10-00344-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG ____________________________________________________________

IN RE: ROLANDO CASTRO ____________________________________________________________

On Petition for Writ of Mandamus. ____________________________________________________________

MEMORANDUM OPINION Before Chief Justice Valdez and Justices Yañez and Garza Memorandum Opinion Per Curiam1

On June 29, 2010, relator, Rolando Castro, filed a petition for writ of mandamus.

On July 7, 2010, the Court requested that the real party in interest, Transmontaigne, Inc.,

file a response to the petition for writ of mandamus. Relator has now filed a motion to

dismiss this original proceeding. According to the motion to dismiss, the parties have

compromised and settled their differences.

The Court, having considered the documents on file and relator’s motion to dismiss

this original proceeding, is of the opinion that the motion should be granted. Accordingly,

1 See T EX . R . A PP . P . 5 2.8 (d ) (“W hen denying relief, the court m ay h and d ow n a n o pinion b ut is not required to do so.”); T EX . R . A PP . P . 47.4 (distinguishing opinions and m em orandum opinions). this original proceeding is DISMISSED without reference to the merits thereof. Pending

motions, if any, are likewise DISMISSED.

IT IS SO ORDERED.

PER CURIAM

Delivered and filed the 7th day of September, 2010.