In re Gary Dan Kanak--Appeal from 49th Judicial District Court of Zapata County

PER CURIAM

Sitting: Catherine Stone, Justice

Rebecca Simmons, Justice

Steven C. Hilbig, Justice

Delivered and Filed: August 8, 2007

MOTION TO DISMISS GRANTED; PETITION FOR WRIT OF MANDAMUS DISMISSED AS MOOT

On July 27, 2007, relator filed a petition for a writ of mandamus. On August 2, 2007, relator filed a motion to dismiss the mandamus petition because the parties settled the underlying cause. We grant the motion to dismiss. Accordingly, the mandamus petition is dismissed as moot. See Tex. R. App. P. 42.1(a).

PER CURIAM

1. This proceeding arises out of Cause No. 6304, styled Nery C. Vaughn, Fabian Velazco, Martha A. Serna, Individually, and on behalf of Martha Serna, a Minor v. Gary Dan Kanak, pending in the 49th Judicial District Court, Zapata County, Texas, the Honorable Joe Lopez presiding.