In re Ford Motor Company--Appeal from 49th Judicial District Court of Zapata County

PER CURIAM

Sitting: Paul W. Green, Justice

Karen Angelini, Justice

Phylis J. Speedlin, Justice

Delivered and Filed: July 28, 2004

MOTION FOR RETURN OF SEALED DOCUMENTS GRANTED; MOTION TO DISMISS GRANTED; PETITION FOR WRIT OF MANDAMUS DISMISSED

Relator Ford Motor Company filed a motion to dismiss its petition for writ of mandamus. The motion contains a certificate of service to the real parties in interest, who have not opposed the motion. We grant the motion and dismiss the proceeding. See Tex. R. App. P. 42.1(a)(2). Costs of appeal are taxed against the party who incurred them. See Tex. R. App. P. 43.4.

Ford also filed a motion for the return of the sealed documents which were tendered to the court for in camera review. The motion is granted. The clerk will return the sealed documents to relator. (2)

PER CURIAM

1. This proceeding arises out of Cause No. 5,309, styled Francisco Guzman, Individually and on Behalf of the Estate of Maria Elena Guzman, Deceased; et al. v. Homero Garcia, as Representative of the Estate of Maria Edna Garcia, Deceased; Eddie Yaklin's Auto World, Inc.; and Ford Motor Company, pending in the 49th Judicial District Court, Zapata County, the Honorable Manuel R. Flores presiding.

2. Ford also requested the return of any copies. No copies of the documents were made.