Opinion
NO. 09-14-00094-CV
05-01-2014
IN RE WELLS FARGO BANK, N.A., BANK OF MONTREAL, THE PRUDENTIAL INSURANCE COMPANY OF AMERICA, THOMAS E. MCGRAW AND TROY JEFFERSON
Original Proceeding
MEMORANDUM OPINION
Wells Fargo Bank, N.A., Bank of Montreal, The Prudential Insurance Company of America, Thomas E. McGraw and Troy Jefferson, filed a petition for mandamus relief to compel the Honorable Judge Robert J. Wortham to grant a continuance of the trial of the case and permit additional discovery. We granted Relators' motion to stay jury selection and requested a response from the real parties in interest. See Tex. R. App. P. 52.08(b)(1); 52.10. Before submission, we abated the original proceeding to allow a successor judge to reconsider the original decision. See Tex. R. App. P. 7.2(b). Relators have filed a motion to dismiss this original proceeding without prejudice. Relators inform the Court that this proceeding is moot because the real parties in interest have filed a notice of nonsuit with the trial court.
We withdraw our order of April 10, 2014, which abated this original proceeding, we dissolve our order of March 3, 2014, which stayed jury selection in the trial court, we grant the motion to dismiss without prejudice, and we dismiss this original proceeding without reference to the merits.
PETITION DISMISSED.
PER CURIAM Before McKeithen, C.J., Kreger and Horton, JJ.