in Re: The Toro Company ( 2010 )

  NUMBER 13-09-00539-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

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IN RE THE TORO COMPANY

____________________________________________________________

On Petition for Writ of Mandamus. ____________________________________________________________

MEMORANDUM OPINION

Before Chief Justice Valdez and Justices Yañez and Benavides

Memorandum Opinion Per Curiam   

          Relator, The Toro Company, filed a petition for writ of mandamus in the above cause on September 24, 2009. The parties herein have now filed an “Agreed Motion to Dismiss Petition for Writ of Mandamus.”

          The Court, having considered the documents on file and the agreed motion to dismiss this original proceeding, is of the opinion that the motion should be granted. Accordingly, the stay previously imposed by this Court is LIFTED and this original proceeding is DISMISSED without reference to the merits thereof. See Tex. R. App. P. 52.10(b) (“Unless vacated or modified, an order granting temporary relief is effective until the case is finally decided.”). Pending motions, if any, are likewise DISMISSED.

          IT IS SO ORDERED. 

                                                                                      PER CURIAM

Delivered and filed this

8th day of April, 2010.