Johnny Partain v. James H. Maples

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.