In re Dernick Resources Inc.

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Opinion issued November 21, 2012 In The Court of Appeals For The First District of Texas NO. 01-12-00633-CV IN RE DERNICK RESOURCES, INC., Relator Original Proceeding on Petition for Writ of Mandamus MEMORANDUM OPINION Relator, Dernick Resources, Inc. ( Dernick ), petitioned for writ of mandamus arguing that the trial court has failed to conform to our mandate issued as a result of the parties previous appeal. See Dernick Resources, Inc. v. Wilstein, 312 S.W.3d 864 (Tex. App. Houston [1st Dist.] 2009, no pet.). Dernick asks that we vacate the trial court s June 18, 2012 order.1 We deny the petition for writ of mandamus. Any pending motions are dismissed as moot. PER CURIAM Panel consists of Justices Keyes, Bland, and Brown. 1 The underlying case is Wilstein et al. v. Dernick Resources, Inc., et al., No. 200231310 (164th Dist. Ct., Harris Cnty., Tex.), the Honorable Alexandra SmootsHogan, presiding. 2

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