Opinion
NO. 14-14-00283-CV
04-17-2014
IN RE JAVIER BARRON AND EMERITA ESPINOZA, Relators
Petition for Writ of Mandamus Dismissed and Memorandum Opinion filed April 17, 2014.
ORIGINAL PROCEEDING
WRIT OF MANDAMUS
313th District Court
Harris County, Texas
Trial Court Cause No. 2012-06505J
MEMORANDUM OPINION
On April 14, 2014, relators Javier Barron and Emerita Espinoza filed a petition for writ of mandamus in this court. See Tex. Gov't Code Ann. §22.221; see also Tex. R. App. P. 52. In the petition, relators ask this court to compel the Honorable Glenn Devlin, presiding judge of the 313th District Court of Harris County, to set aside his April 10, 2014 order denying their motion for continuance.
Subsequent to filing their petition for writ of mandamus in this court, relators filed a notice of nonsuit, advising this court that they no longer desire to prosecute their original proceeding against respondent. We construe relators' notice of nonsuit as a motion dismiss and grant the motion.
Accordingly, we order relators' petition for writ of mandamus dismissed. Relators' related emergency motion to stay the trial is further denied as moot.
PER CURIAM Panel consists of Chief Justice Frost and Justices Donovan and Brown.