in Re Cypress Texas Lloyds

Opinion

Opinion issued August 4, 2011.

In The

Court of Appeals

For The

First District of Texas

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NO. 01-11-00519-CV

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In re Cypress Texas Lloyds, Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

          Relator, Cypress Texas Lloyds, filed a petition for writ of mandamus, complaining that the trial court refuses to abate the underlying case pending the appraisal process provided for in the parties’ insurance contract.[1]  Relator now moves to dismiss the petition, stating that the parties have reached an agreement that moots relator’s complaint in the mandamus proceeding.  No opinion has yet issued.

Accordingly, we grant relator’s motion, and the petition for writ of mandamus is dismissed.

PER CURIAM

Panel consists of Chief Justice Radack and Justices Massengale and Brown.

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[1]           The underlying case is Eduardo Hernandez and Elsa Hernandez v. Cypress Texas Lloyds and Donald Lawrence O’Neill, No. 2010-05806, in the 11th District Court of Harris County, Texas, the Honorable Mike Miller presiding.