In re Kodiak Products Co., Inc.--Appeal from 236th District Court of Tarrant County (per curiam)
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COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH NO. 02-12-00229-CV IN RE KODIAK PRODUCTS CO., INC. RELATOR -----------ORIGINAL PROCEEDING ------------ MEMORANDUM OPINION1 ON REHEARING -----------On July 9, 2010, this court issued a memorandum opinion denying relator s petition for writ of mandamus as moot. Relator filed a motion for rehearing. After due consideration, we deny Relator s motion but withdraw our prior memorandum opinion and substitute the following in its place. The court has considered relator s petition for writ of mandamus and is of the opinion that relief should be denied. The issues presented therein, as they relate to relator s misappropriation of trade secrets, civil theft, and conversion claims, have become moot by virtue of the trial court s July 2, 2012 Order 1 See Tex. R. App. P. 47.4, 52.8(d). Granting Defendant s Motion for Partial Summary Judgment. As to relator s remaining claim for unfair competition, the court is also of the opinion that relief should be denied. Accordingly, relator s petition for writ of mandamus is denied. The stay of the trial court proceedings in cause number 236-252084-11, styled Kodiak Products Co., Inc. v. Charles H. Deegear, Jr. and Deemaxx Components, Inc., pending in the 236th District Court of Tarrant County, Texas, is hereby lifted. PER CURIAM PANEL: WALKER, DAUPHINOT, and GARDNER, JJ. DELIVERED: August 2, 2012 2
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