in Re Gray Wireline Service, Inc.

Opinion

IN THE TENTH COURT OF APPEALS

No. 10-11-00147-CV

IN RE GRAY WIRELINE SERVICE, INC.

Original Proceeding

MEMORANDUM OPINION

Gray Wireline Service, Inc. has petitioned this Court for a writ of mandamus to

compel the trial court to withdraw its order granting a motion to reform non-compete

agreements contained within employment agreements signed by Larry Cavanna, David

Gray, and Kenneth Nester, Sr. An interlocutory appeal was filed by Gray Wireline

Service, Inc. in which we have determined that the trial court committed reversible

error and the complained-of judgment has been reversed and remanded to the trial

court for further proceedings. See Gray Wireline Service, Inc. v. Cavanna, No. 10-11-00058-

CV, 2011 Tex. App. LEXIS ______ (Tex. App.—Waco October 12, 2011, no pet. h.).

Therefore, the petition for writ of mandamus is dismissed as moot. Based on the foregoing, costs of this proceeding will be assessed against the real parties in interest.

TEX. R. APP. P. 43.4.

TOM GRAY Chief Justice

Before Chief Justice Gray, Justice Davis, and Justice Scoggins Dismissed Opinion delivered and filed October 12, 2011 OT06

In re Gray Wireline Service, Inc. Page 2