Opinion
No. 14-09-00190-CV
Memorandum Opinion filed March 12, 2009.
Original Proceeding Writ of Mandamus.
Panel consists of Chief Justice HEDGES and Justices ANDERSON and SEYMORE.
MEMORANDUM OPINION
On February 26, 2009, relator, Andres Waibel, filed a petition for writ of mandamus in this court. See Tex. Gov't Code Ann. § 22.221 (Vernon 2004); see also Tex. R. App. P. 52. In the petition, relator requests that we compel the respondent, the Honorable Roberta Lloyd, presiding judge of County Court at Law No. 4 of Harris County, to continue the March 2, 2009 bench trial, enter a docket control order setting deadlines for discovery, intervention, or parties, and setting a trial date no earlier than forty-five days from the date of the docket control order. On February 27, 2009, we issued an order staying the March 2, 2009 bench trial, and requested a response from real party in interest, Melinda Thompkins.
On March 4, 2009, relator and Thompkins filed a notice in this court of their agreement that the trial court sign a docket control order setting deadlines for discovery, intervention, or parties, and setting a trial date no earlier than forty-five days from the date of the docket control order. Relator's requested relief is moot.
Accordingly, we deny relator's petition for writ of mandamus. We further lift the stay issued on February 27, 2009.