IN RE: KELCO SALES & ENGINEERING COMPANY--Appeal from 347th District Court of Nueces County

 NUMBER 13-05-539-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

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IN RE KELCO SALES & ENGINEERING COMPANY

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On Petition for Writ of Mandamus

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MEMORANDUM OPINION

Before Chief Justice Valdez and Justices Hinojosa and Rodriguez

Per Curiam Memorandum Opinion[1]

Relator, Kelco Sales & Engineering Company, filed a joinder to petition for writ of mandamus on July 22, 2005. This Court granted Kelco Sales & Engineering Company=s joinder on August 2, 2005. The parties have now filed a joint motion requesting that this Court dismiss Kelco=s original proceeding because it has been non-suited in the underlying proceeding.

The joint motion to dismiss is GRANTED, and the original proceeding is DISMISSED.

PER CURIAM

Memorandum Opinion delivered and filed

this 31st day of August, 2005.

[1] See Tex. R. App. P. 52.8(d) (AWhen denying relief, the court may hand down an opinion but is not required to do so.@); Tex. R. App. P. 47.4 (distinguishing opinions and memorandum opinions).