In Re Kay Rieck, Furie Petroleum Company, LLC and Cornucopia Oil & Gas Company, LLC v. --Appeal from 122nd District Court of Galveston County (memorandum opinion per curiam)

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Motion Granted; Petition for Writ of Mandamus Dismissed; and Memorandum Opinion filed September 13, 2012. In The Fourteenth Court of Appeals NO. 14-12-00763-CV IN RE KAY RIECK, FURIE PETROLEUM COMPANY, LLC AND CORNUCOPIA OIL & GAS COMPANY, LLC, Relator ORIGINAL PROCEEDING WRIT OF MANDAMUS On Appeal from the 122nd District Court Galveston, Texas Trial Court Cause No. 12-CV-1522 MEMORANDUM OPINION Relators, Kay Rieck, Furie Petroleum Company, LLC and Cornucopia Oil & Gas Company, LLC, filed a petition for writ of mandamus in this court. See Tex. Gov t Code §22.221; see also Tex. R. App. P. 52. In the petition, relators sought enforcement of a forum selection provision. On September 5, 2012, relators filed a motion to dismiss this original proceeding. In the motion, relators assert that a settlement has been reached and the claims below have been nonsuited, rendering the issues in this proceeding moot. We grant relators motion and order their petition for writ of mandamus dismissed. PER CURIAM Panel consists of Chief Justice Hedges and Justices Brown and Busby. 2

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