in Re Javier Barron and Emerita Espinoza

Opinion

Petition for Writ of Mandamus Dismissed and Memorandum Opinion filed April 17, 2014.

In The

Fourteenth Court of Appeals

NO. 14-14-00283-CV

IN RE JAVIER BARRON AND EMERITA ESPINOZA, Relators

ORIGINAL PROCEEDING WRIT OF MANDAMUS 313th District Court Harris County, Texas Trial Court Cause No. 2012-06505J

MEMORANDUM OPINION

On April 14, 2014, relators Javier Barron and Emerita Espinoza filed a petition for writ of mandamus in this court. See Tex. Gov’t Code Ann. §22.221; see also Tex. R. App. P. 52. In the petition, relators ask this court to compel the Honorable Glenn Devlin, presiding judge of the 313th District Court of Harris County, to set aside his April 10, 2014 order denying their motion for continuance.

Subsequent to filing their petition for writ of mandamus in this court, relators filed a notice of nonsuit, advising this court that they no longer desire to prosecute their original proceeding against respondent. We construe relators’ notice of nonsuit as a motion dismiss and grant the motion.

Accordingly, we order relators’ petition for writ of mandamus dismissed. Relators’ related emergency motion to stay the trial is further denied as moot.

PER CURIAM

Panel consists of Chief Justice Frost and Justices Donovan and Brown.