Reuben Vincent Rabsatt v. State

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-07-00537-CV

In re Zega Companies and Citgo Trustees, Cayman Corporations

ORIGINAL PROCEEDING FROM TRAVIS COUNTY

MEMORANDUM OPINION

Relators’ petition for writ of mandamus having been withdrawn, the only request for relief that remains in this original proceeding is the relators’ petition for writ of prohibition. Relators have filed a motion requesting that the petition for writ of prohibition be dismissed. See Tex. R. App. P. 42.1(a)(1). At the time relators’ motion was filed, this Court was on notice that the underlying proceeding had been removed to federal court on October 19, 2007. If a case has been removed to federal court, this Court may not take any further action unless and until the case is returned to state court. See Meyerland Co. v. FDIC, 848 S.W.2d 82 (Tex. 1993). We have subsequently received notice that the underlying proceeding was remanded to state court on October 25, 2007. As a result, we grant relators’ motion and dismiss the petition for writ of prohibition. All other motions in this original proceeding are dismissed as moot.

___________________________________________

Diane Henson, Justice

Before Chief Justice Law, Justices Waldrop and Henson Dismissed Filed: November 16, 2007