in Re Del Monte Fresh Produce N.A., INC.

Opinion issued February 7, 2011.

In The

Court of

Appeals

For The

First District

of Texas

————————————

NO. 01-11-00081-CV

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In re Del Monte Fresh Produce N.A., Inc. , Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION [1]

Relator

Del Monte Fresh Produce N.A., Inc. (“Del Monte”) has filed a petition for writ

of mandamus, seeking to have this Court compel the trial court to enforce a

contractual waiver of the right to a jury trial. While

Del Monte’s petition was pending, real party in interest James J. Flanagan

Shipping Corporation filed a copy of its notice of waiver of a jury trial and

agreement to strike the jury demand from its petition. Accordingly, Del Monte’s petition for writ of

mandamus is now moot.

We dismiss Del Monte’s petition

for writ of mandamus, and our order staying the trial of the underlying case is

vacated . All outstanding motions

are dismissed as moot.

PER CURIAM

Panel

consists of Chief Justice Radack and Justices Bland and Brown.

[1]

The underlying case is James J. Flanagan Shipping Corp. v. Del

Monte Fresh Produce N.A., Inc. , No. 60,347 in the County Court at Law No. 3

of Galveston County, Texas, the Honorable Christopher M. Dupuy presiding.