in Re Clodine Partners GP LLC, Clodine Partners, LP AND TX-Morrow Construction, INC.

Opinion

Opinion issued April 28, 2011

In The

Court of Appeals

For the

First District of Texas

____________

NO. 01-11-00277-CV

IN RE: clodine partners gp llc, Clodine Partners, LP, and TX-Morrow Construction, Inc., Relators

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

Relators Clodine Partners GP LLC, Clodine Partners, LP, and TX-Morrow Construction, Inc. filed a petition for a writ of mandamus complaining of Judge Ben Hardin=s failure to rule on Relators’ Motion to Transfer Venue, which was filed on July 14, 2010 and argued to the trial court on November 15, 2010.^[1] On April 18, 2011, relators filed a letter withdrawing the Petition for Mandamus they filed on April 12, 2011 because the underlying case has been settled.

Accordingly, we hereby dismiss the petition for a writ of mandamus.

PER CURIAM

Panel consists of Justices Keyes, Sharp and Massengale.

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¹        The Honorable Ben Hardin, judge of the 23rd District Court of Brazoria County, Texas.  The underlying lawsuit is Adolfo Zepeda v. Jose M. Maradiaga d/b/a Jose Maradiaga Construction, TX-Marrow Construction, Inc., Clodine Partners, L.P., Clodine Partners, G.P., L.L.C. and Rogilio Lara d/b/a R & J Framing Systems; No. 58004 (23rd Dist. Ct., Brazoria County, Tex.).