in Re M.D. Mark, Inc.

• Court: Court of Appeals of Texas
• Decided: January 14, 2015
• Docket: 01-15-00017-CV
• Status: Published

Opinion

ACCEPTED 01-15-00017-CV FIRST COURT OF APPEALS HOUSTON, TEXAS 1/14/2015 12:52:49 PM CHRISTOPHER PRINE CLERK

NO. 01-15-00017-CV

In the Court of Appeals FILED IN First District of Texas at Houston 1st COURT OF APPEALS HOUSTON, TEXAS ___________________________________1/14/2015 12:52:49 PM CHRISTOPHER A. PRINE In re M.D. Mark, Inc. Clerk __________________________________________________________________ ____________

Petition for Writ of Mandamus th 190 District Court Harris County, Texas Trial Court Cause No. 2014-34393 __________________________________________________________________

RELATOR’S MOTION TO DISMISS PETITION FOR WRIT OF MANDAMUS __________________________________________________________________

TO THE HONORABLE COURT OF APPEALS:

M.D. MARK, INC., Relator asks the Court to dismiss this Relator’s Petition

for Writ of Mandamus.

1. On January 8, 2015, Relator filed its Petition for Writ of Mandamus

challenging the trial court’s order denying the motion to appear pro hac vice of

Dan Bonifazi.

2. On January 13, 2015, the trial court held a status conference and with

no objection from the real parties in interest signed an order granting the motion to

appear pro hac vice.

1 3. Relator does not want to proceed with the Petition for Writ of

Mandamus and requests that the petition be dismissed with all costs assessed

against the party incurring the same.

Respectfully submitted,

DUNN, NEAL & GERGER, L.L.P.

By: __/s/ James A. Dunn____________ James A. Dunn Texas Bar No. 06244800 3006 Brazos Street Houston, Texas 77006 Tel.: (713) 403-7405 Fax.: (713) 960- 0204 Email: jdunn@dnglegal.com Attorney for Relator

CERTIFICATE OF CONFERENCE

I certify that on January 13, 2015, the issue of the dismissal of the petition for writ of mandamus was discussed with counsel for the real parties in interest, Thomas Lillard, who indicated he was not opposed.

___/s/ James A. Dunn _______________ James A. Dunn

CERTIFICATE OF SERVICE

I certify that on January 14, 2015, I served a copy of this instrument to Thomas F. Lillard, counsel for Defendants, via the electronic service manager in accordance with the Texas Rules of Civil Procedure.

___/s/ James A. Dunn ____________ James A. Dunn