In Re: Vertical Holdings, LLC, and Vanguard Financial Trust Appeal from 101st Judicial District Court of Dallas County (memorandum opinion)

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Dismissed and Opinion Filed February 1, 2021 In The Court of Appeals Fifth District of Texas at Dallas No. 05-21-00055-CV IN RE VERTICAL HOLDINGS, LLC, AND VANGUARD FINANCIAL TRUST, Relators Original Proceeding from the 101st Judicial District Court Dallas County, Texas Trial Court Cause No. DC-20-04237 MEMORANDUM OPINION Before Justices Myers, Partida-Kipness, and Carlyle Opinion by Justice Partida-Kipness Before the Court are relators’ January 26, 2021 petition for writ of mandamus and motion for temporary relief in which they challenge the trial court’s order denying their motion to dismiss or stay real party in interest’s counterclaim pending resolution of their federal suit. In their January 29, 2021 unopposed motion for voluntary dismissal pursuant to Texas Rule of Appellate Procedure 42.1(a)(1), relators advise us that this original proceeding has been rendered moot by the dismissal of the federal suit. Accordingly, we grant the motion and dismiss the petition. Having dismissed the petition, we also deny the motion for temporary relief as moot. /Robbie Partida-Kipness/ ROBBIE PARTIDA-KIPNESS JUSTICE 210055F.P05 –2–

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