In Re Oveal Walker, III and Paul Jones--Appeal from 58th District Court of Jefferson County

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In The Court of Appeals Ninth District of Texas at Beaumont _________________ NO. 09-11-00220-CV _________________ IN RE OVEAL WALKER, III AND PAUL JONES ________________________________________________________________________ Original Proceeding ________________________________________________________________________ MEMORANDUM OPINION Oveal Walker, III and Paul Jones filed a petition for writ of mandamus to compel the trial court to vacate an order authorizing their pre-suit depositions. See Tex. R. App. P. 52; see also Tex. R. Civ. P. 202. The real party in interest, Beaumonters Embracing Transition Toward Election Reform ( B.E.T.T.E.R. ), subsequently non-suited its petition requesting depositions to investigate a potential claim or suit. See Tex. R. Civ. P. 162. Because events that occurred after the filing of the petition have rendered this proceeding moot, we dismiss the petition for writ of mandamus without addressing the merits of the petition. 1 PETITION DISMISSED. PER CURIAM Opinion Delivered July 28, 2011 Before Gaultney, Kreger, and Horton, JJ. 2

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