                                      NUMBER 13-09-00539-CV

                                      COURT OF APPEALS

                        THIRTEENTH DISTRICT OF TEXAS

                            CORPUS CHRISTI - EDINBURG
____________________________________________________________

                  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 Curiam1

         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


         1
         See T EX . R . A PP . P . 5 2.8 (d ) (“W hen d enying relief, the court m ay h and d ow n a n o pinion b ut is
not required to do so.”); T EX . R . A PP . P . 47.4 (distinguishing opinions and m em orandum opinions).
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.




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