In re Lowery Walter McNeil Appeal from 127th District Court of Harris County (memorandum opinion per curiam)

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Opinion issued March 29, 2018 In The Court of Appeals For The First District of Texas ———————————— NO. 01-18-00133-CV ——————————— IN RE LOWERY WALTER MCNEIL, Relator Original Proceeding on Petition for Writ of Mandamus MEMORANDUM OPINION Relator, Lowery Walter McNeil, has filed a petition for a writ of mandamus challenging the trial court’s February 14, 2018 order denying relator’s motion for protection from a discovery subpoena.1 Relator and real party in interest, Virginia Angel, Trustee for the Gobsmack Gift Trust, representing that the trial court has 1 The underlying case is Virginia Angel, Trustee for the Gobsmack Gift Trust v. Kyle Tauch, Mary Barnes, and Piping Rock, L.P., No. 2015-43064, in the 127th District Court of Harris County, Texas, the Honorable R.K. Sandill presiding. signed an agreed order that vacates the February 14, 2018 order and “obviates the need for mandamus relief,” have filed a joint motion to dismiss the petition and order that each party bear its own appellate costs. No opinion has issued. See TEX. R. APP. P. 42.1(c). Accordingly, we grant the motion and dismiss the petition. PER CURIAM Panel consists of Justices Jennings, Keyes, and Higley. 2

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