In Re: Sanderson Homes, Inc.--Appeal from of County
Annotate this CaseCOURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
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) No. 08-03-00059-CV
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IN RE: SANDERSON HOMES, INC. ) AN ORIGINAL PROCEEDING
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) IN MANDAMUS
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MEMORANDUM OPINION ON WRIT OF MANDAMUS
This original proceeding in mandamus arises from an order entered by the 34th Judicial District Court of El Paso County in a case styled David Bernosky and Christy Bernosky v. Trinity Ins. Co. v. Sanderson Homes, Inc., Apache Plumbing and Fred Candia, d/b/a Apache Plumbing, Cause No. 2000-3445. On May 16, 2003, this Court received notice from Trinity Insurance Co., Real Party in Interest, that they had non-suited from the underlying cause. In correspondence to the Court, Trinity Insurance indicated it is no longer interested in pursuing the disclosure of documents that are the subject of the mandamus before us. On May 19, 2003, Relator, Sanderson Homes, Inc., filed a motion to dismiss the mandamus proceeding as moot. All other parties interested in the proceeding have been given notice of the filing of this motion. In its motion, Relator represents that the underlying dispute has been resolved. Finding that the matters before us are moot, we grant Relator=s motion to dismiss. Accordingly, we dismiss as moot Relator=s petition for writ of mandamus.
June 12, 2003
DAVID WELLINGTON CHEW, Justice
Before Panel No. 2
Barajas, C.J., McClure, and Chew, JJ.
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