Opinion
No. 01-03-01326-CV
Opinion issued August 12, 2004.
Original Proceeding on Petition for Writ of Mandamus.
David E. Lueders and and Frank D. Lanter, Lueders Boanerges, Houston, TX, for relator.
Hon. Reece Rondon, 334th District Court, Houston, TX, for respondent.
Matthew B. Probus, Wauson Associates, Sugar Land, TX, for real party in interest.
Panel consists of Chief Justice RADACK and Justices ALCALA and BLAND.
MEMORANDUM OPINION
Relator, Horace Mann Lloyds, has filed an unopposed motion to withdraw the petition for writ of mandamus, in which he complained that Judge Reece Rondon abused his discretion by (1) signing an "Order Appointing Receiver and Order of Reference" on December 15, 2003, (2) erroneously characterizing a July 18, 2003 "default judgment" as a final judgment, and (3) not ruling on relator's motion for new trial.
The underlying case is James Roberson v. Horace Mann Lloyds, Cause No. 2003-12982, in the 334th District Court of Harris County, Texas.
Relator explains in his motion to withdraw his petition that he and the real-party-in-interest, James Roberson, have settled all matters in controversy between them and that the complaints against Judge Reece Rondon have become moot.
We grant relator's motion to withdraw his petition for writ of mandamus.