IN RE: DANIEL FLORES

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Court of Appeals of Texas, Corpus Christi-Edinburg.

IN RE: DANIEL FLORES

NUMBER 13-17-00573-CV

Decided: November 01, 2017

Before Chief Justice Valdez and Justices Contreras and Hinojosa‚ÄČ1

MEMORANDUM OPINION

Relator Daniel Flores filed a petition for writ of mandamus in the above cause on October 11, 2017 through which he sought to compel the trial court to (1) vacate its order quashing discovery and granting a protective order, and (2) to grant relator's requested discovery. This Court requested that the real parties in interest, Frank A. Mora, Rosa M. Mora, First Vista Investments, LLC, HJC Home Health Care Services, or any others whose interest would be directly affected by the relief sought, file a response to the petition for writ of mandamus. See TEX. R. APP. P. 52.2, 52.4, 52.8. However, the relator has now filed an unopposed motion to voluntarily dismiss this original proceeding without prejudice. According to relator's motion, the trial court has entered an order which vacates, in part, the order on which this mandamus proceeding is based. Accordingly, relator requests that we dismiss this original proceeding without prejudice.

The Court, having examined and fully considered the unopposed motion to voluntarily dismiss this petition for writ of mandamus, is of the opinion that the motion should be granted. Accordingly, we GRANT the unopposed motion to dismiss and dismiss this original proceeding without prejudice.

LETICIA HINOJOSA Justice