Court of Appeals of Texas, 2018

in Re Cytec Industries, Inc.

Court of Appeals of Texas · Decided December 27, 2018

Opinion

NUMBER 13-18-00505-CV COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG IN RE CYTEC INDUSTRIES, INC. On Petition for Writ of Mandamus.

MEMORANDUM OPINION

Before Justices Rodriguez, Contreras, and Benavides

Memorandum Opinion by Justice Benavides1 Relator Cytec Industries, Inc. (Cytec) filed a petition for writ of mandamus in the above cause seeking to compel the trial court to vacate its August 6, 2018 order striking the designation of Crawford Electric Supply, Inc. as a responsible third party under Chapter 33 of the Texas Civil Practice and Remedies Code. See TEX. CIV. PRAC. & REM. CODE ANN. § 33.004 (West, Westlaw through 2017 1st C.S.). Cytec has now filed a motion to dismiss this original proceeding on grounds that the parties have entered into a settlement agreement resolving their disputes and Cytec no longer wishes to prosecute this original proceeding.

The Court, having examined and fully considered the motion to dismiss, is of the opinion that it should be granted. Accordingly, we grant the motion to dismiss and we DISMISS the petition for writ of mandamus.

GINA M. BENAVIDES, Justice

Delivered and filed the 27th day of December, 2018.

1 See TEX. R. APP. P. 47.4 (distinguishing opinions and memorandum opinions); id. R. 52.8(d) (“When granting relief, the court must hand down an opinion as in any other case,” but when “denying relief, the court may hand down an opinion but is not required to do so.”).

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