In re Michael L. Tessaro d/b/a Centex Pressure Washing Service--Appeal from 293rd Judicial District Court of Zavala County

MEMORANDUM OPINION
No. 04-04-00625-CV
IN RE Michael L. TESSARO d/b/a Centex Pressure Washing Service
Original Mandamus Proceeding (1)

PER CURIAM

Sitting: Paul W. Green, Justice

Sarah B. Duncan, Justice

Karen Angelini, Justice

Delivered and Filed: October 6, 2004

MOTION TO DISMISS GRANTED; PETITION FOR WRIT OF MANDAMUS DISMISSED

Appellant filed a motion to dismiss this original proceeding, indicating the parties have settled the underlying case. The motion contains a certificate of service to the real parties in interest, who do not oppose the motion. We grant the motion and dismiss the petition for writ of mandamus. See Tex. R. App. P. 42.1(a)(2). Costs of the proceeding are to be paid by the parties incurring them.

PER CURIAM

1. This proceeding arises out of Cause No. 03-05-10716-ZCV, styled Timoteo Garza and Maria Elena Garza v. Chad A. Metcalf and Michael T. Tessaro d/b/a Sentex Pressure Washer, pending in the 293rd Judicial District Court, Zavala County, Texas, the Honorable Cynthia Muniz presiding.