Opinion
No. 10-05-00349-CV
Opinion delivered and filed January 4, 2006.
Original Proceeding.
Writ dismissed.
Before Cheif Justice GRAY, Justice VANCE, and, Justice REYNA.
MEMORANDUM OPINION
This Court abated this mandamus proceeding so the parties could implement settlement agreements.
Relators Sinton Dairy, Inc. and Kristine Rich, as personal representative and/or heir to the Estate of John Rich, have now filed a motion to dismiss their petition for writ of mandamus because the underlying suit has settled, rendering the petition moot. Real Party in Interest, Gary Byers, and Defendant, Richard L. Wagner, do not oppose the motion.
Accordingly, the case is reinstated, and the mandamus is dismissed. See TEX. R. APP. P. 42.1(a)(1).