NUMBER 13-19-00071-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
IN RE AEROFUND FINANCIAL, INC.
On Petition for Writ of Mandamus.
MEMORANDUM OPINION
Before Justices Benavides, Longoria, and Hinojosa
Memorandum Opinion by Justice Benavides1
Relator Aerofund Financial, Inc. filed a petition for writ of mandamus in the above
cause seeking to compel the trial court to enforce a forum selection clause and dismiss
the underlying lawsuit. Relator and real party in interest, McAllen Tropicpak, Inc., have
now filed a joint motion to dismiss this original proceeding on grounds that the parties
have settled this matter. They request that we dismiss this petition for writ of mandamus
without prejudice.
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. When granting relief, the court must hand down an opinion as in any other case.”); Id.
R. 47.4 (distinguishing opinions and memorandum opinions).
The Court, having examined and fully considered the petition for writ of mandamus
and the joint motion to dismiss, is of the opinion that this matter should be dismissed.
Accordingly, we grant the joint motion to dismiss and we DISMISS this original proceeding
without prejudice.
GINA M. BENAVIDES,
Justice
Delivered and filed the
28th day of March, 2019.
2