Johnny Partain v. James H. Maples

• Court: Court of Appeals of Texas
• Decided: May 4, 2011
• Docket: 13-11-00289-CV
• Status: Published

Opinion

NUMBER 13-11-00157-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

IN RE TRACTOR SUPPLY CO. OF TEXAS, LP D/B/A TRACTOR SUPPLY COMPANY #1104, TRACTOR SUPPLY COMPANY, AND VICTOR FONSECA

On Petition for Writ of Mandamus.

MEMORANDUM OPINION

Before Justices Garza, Vela, and Perkes Memorandum Opinion Per Curiam1

Relators, Tractor Supply Co. of Texas, LP d/b/a Tractor Supply Company #1104,

Tractor Supply Company, and Victor Fonseca, filed a petition for writ of mandamus on

March 22, 2011. The parties to this original proceeding have now filed an “Agreed

Motion to Dismiss in Aid of Settlement.” According to this motion, the parties have fully

and finally compromised and settled all matters of fact and things in controversy

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.”); TEX. R. APP. P. 47.4 (distinguishing opinions and memorandum opinions). between them. Accordingly, the parties request that we dismiss this original proceeding

with prejudice.

The Court, having examined and fully considered the agreed motion to dismiss,

is of the opinion that the motion should be granted. Accordingly, we GRANT the motion

to dismiss and DISMISS this original proceeding with prejudice.

It is so ORDERED.

PER CURIAM

Delivered and filed the 4th day of May, 2011.