In Re: Yamin Motorcycles of Austin, LLC, Yamin Motorcycles of Houston, LLC., Stephen M. Yamin Sr., and Stephen M. Yamin Jr.,--Appeal from 190th District Court of Harris County

Petition for Writ of Mandamus Denied and Opinion filed October 17, 2002.

In The

Fourteenth Court of Appeals

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NO. 14-02-01019-CV

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IN RE YAMIN MOTORCYCLES OF AUSTIN, L. L. C., YAMIN MOTORCYCLES OF HOUSTON, L. L. C., STEPHEN M. YAMIN, SR., AND STEPHEN M. YAMIN, JR., Relators

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

O P I N I O N

On October 2, 2002, relators filed a petition for writ of mandamus in this Court. See Tex. Gov=t. Code Ann. ' 22.221 (Vernon Supp. 2002); see also Tex. R. App. P. 52. In the petition, relators sought relief from a trial court order entered September 30, 2002. On October 15, 2002, the real party in interest, Transamerica Commercial Finance Corporation, filed an unopposed motion in which it states the mandamus should be denied as moot. According to Transamerica, the parties submitted to the trial court an unopposed motion to withdraw the order of September 30, 2002. The trial court granted the motion and on October 15, 2002, entered an order vacating its previous order, i.e., the order assailed by relators in their petition for writ of mandamus. A copy of the trial court=s October 15, 2002, order is attached to Transamerica=s motion.

Based on the representations in the unopposed motion filed by Transamerica, this Court: (1) withdraws our order of October 2, 2002, which stayed the trial court=s order signed September 30, 2002, in trial court cause number 02-17785A, styled Transamerica Commercial Finance Corporation v. Yamin Motorcycles of Austin, L.L.C., Yamin Motorcycles of Houston, L.L.C., Yamin Motorcycles, Inc., Stephen M. Yamin, Sr., and Stephen M. Yamin, Jr. ; and (2) denies the petition for writ of mandamus as moot.

PER CURIAM

Petition Denied and Opinion filed October 17, 2002.

Panel consists of Justices Yates, Anderson, and Frost.

Do Not Publish Tex. R. App. P. 47.3(b).