Opinion
No. 05-04-01073-CV
Opinion Issued October 18, 2004.
On Appeal from the 401st Judicial District Court, Collin County, Texas, Trial Court Cause No. 401-000158-04.
Writ of Mandamus Dismissed.
Before Justices O'NEILL, LANG, and MAZZANT.
MEMORANDUM OPINION
Relator filed a petition for writ of mandamus asserting the trial court erred in granting a motion to transfer venue to Harris County. The Court requested real party in interest to file a response. While the Court was awaiting the response, the parties filed a notice stating that they had settled the underlying action. Thus, any writ of mandamus will be useless or unavailing. Accordingly, the Court DISMISSES this original proceeding. Holcombe v. Fowler, 9 S.W.2d 1028 (Tex. 1928) (a writ of mandamus will not issue if it will be useless or unavailing).