In Re: Bituminous Casualty Company--Appeal from 149th District Court of Brazoria County

Petition for Writ of Mandamus Dismissed and Memorandum Opinion filed December 23, 2004.

In The

Fourteenth Court of Appeals

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NO. 14-04-00628-CV

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IN RE BITUMINOUS CASUALTY CO., Relator

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

M E M O R A N D U M O P I N I O N

On June 30, 2004, relator filed a petition for writ of mandamus in this Court. See Tex. Gov t. Code Ann. 22.221 (Vernon 2004); see also Tex. R. App. P. 52. Relator complained of the trial court s denial of its motion for severance and abatement. On July 22, 2004, this court issued an order staying the actual trial below, but not the case as a whole. Since relator filed its petition for writ of mandamus, the trial court s disposition on several motions for summary judgment and a motion to reconsider has made the petition for writ of mandamus moot.

On December 8, 2004, relator supplemented its record on mandamus and filed an unopposed motion to withdraw or dismiss the petition for writ of mandamus and to lift stay.

We grant relator s motion. We dismiss the petition for writ of mandamus as moot. We vacate this court s July 22, 2004 stay order.

PER CURIAM

Petition Denied and Memorandum Opinion filed December 21, 2004.

Panel consists of Justices Yates, Anderson, and Hudson.