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

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.