NUMBER 13-12-00547-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
IN RE AMERICAN BUILDERS & CONTRACTORS SUPPLY CO., INC.
D/B/A ABC SUPPLY CO. AND FELILPE SALAZAR
On Petition for Writ of Mandamus.
MEMORANDUM OPINION
Before Justices Rodriguez, Garza, and Vela
Per Curiam Memorandum Opinion1
Relators, American Builders & Contractors Supply Co., Inc. d/b/a ABC Supply
Co. and Felipe Salazar, filed a petition for writ of mandamus in the above cause on
September 6, 2012, seeking to compel the trial court to allow the designation of a
responsible third party. TEX. CIV. PRAC. & REM. CODE ANN. § 33.004(a) (West Supp.
2011). The Court requested, but has not yet received a response to the petition for writ
of mandamus from the real parties in interest, Richard Robledo and Frank Valdez.
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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).
Currently pending before the Court is the parties’ “Agreed Motion to Dismiss with
Prejudice.” According to the motion, the parties have fully and finally compromised and
settled all matters in controversy between them. They request that we dismiss this
cause 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 agreed
motion to dismiss and dismiss this cause with prejudice to the rights of all parties to
refile the same, or any part thereof, and tax all costs of court to the parties incurring
same.
PER CURIAM
Delivered and filed the 13th
day of November, 2012.
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