In Re Fecon, Inc. Appeal from 269th District Court of Harris County (memorandum opinion per curiam)

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Motion Granted; Petition for Writ of Mandamus Memorandum Opinion filed December 13, 2022. Dismissed and In The Fourteenth Court of Appeals NO. 14-22-00791-CV IN RE FECON, INC., Relator ORIGINAL PROCEEDING WRIT OF MANDAMUS 269th District Court Harris County, Texas Trial Court Cause No. 2019-69076 MEMORANDUM OPINION On October 27, 2022, relator Fecon, Inc. filed a petition for writ of mandamus in this Court. See Tex. Gov’t Code Ann. § 22.221; see also Tex. R. App. P. 52. In the petition, relator asks this Court to compel the Honorable Corey Don Sepolio, presiding judge of the 269th District Court of Harris County, to vacate the trial court’s February 18 and February 24, 2022 orders finding that “Plaintiffs have demonstrated a substantial likelihood of success on their claims for exemplary damages in accordance with CPRC chapter 41.” On December 5, 2022, relator and the real party in interest filed a joint motion to dismiss the petition for writ of mandamus without prejudice, advising this Court that they had resolved all claims in the underlying lawsuit. The parties request that this Court dismiss relator’s petition for writ of mandamus. Accordingly, we grant the joint motion to dismiss the petition for writ of mandamus. Relator’s petition for writ of mandamus is dismissed. Additionally, we lift our stay order of November 1, 2022. PER CURIAM Panel consists of Chief Justice Christopher and Justices Zimmerer and Wilson. 2

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