IN RE: ENRIQUE CARDENAS GONZALEZ--Appeal from County Court at Law No 1 of Hidalgo County

NUMBER 13-06-388-CV

   COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

  CORPUS CHRISTI  - EDINBURG

IN RE: ENRIQUE CARDENAS GONZALEZ

On Petition for Writ of Mandamus and and

Motion for Emergency Temporary Relief

  MEMORANDUM OPINION 

Before Chief Justice Valdez and Justices Rodriguez and Castillo

Memorandum Opinion Per Curiam

Relator, Enrique Cardenas Gonzalez, filed a petition for writ of mandamus in the above cause on July 10, 2006, in which he alleges that the respondent, the Honorable Rodolfo Rudy Gonzalez, Presiding Judge of the County Court at Law No. 1 of Hidalgo County, Texas, abused his discretion by failing to render a decision on relator=s First Amended Special Appearance. Relator=s petition for writ of mandamus asks this Court to order the respondent to render a decision on relator=s First Amended Special Appearance. In addition, relator filed an emergency motion for stay that asked this Court to order a stay of the July 11, 2006 hearing.

This Court stayed all proceedings in the underlying action and requested a response from the real parties in interest. The real parties in interest, Karl Lehtinen and Nationwide Services, Inc., filed a response to the petition for writ of mandamus on July 14, 2006. Subsequent to filing of said response, the respondent rendered a decision on relator=s motion by signing an Order Denying Special Appearance and Overruling Objection to Jurisdiction. On July 17, 2006, the real party in interest filed a motion to dismiss the petition for writ of mandamus.

Having examined and fully considered the: (1) petition for writ of mandamus, (2) real parties in interest=s response, (3) signed Order Denying Special Appearance and Overruling Objection to Jurisdiction, and (4) real party in interest=s motion to dismiss, this Court is of the opinion that the petition for writ of mandamus should be dismissed as moot. The real parties in interest=s motion to dismiss the petition for writ of mandamus is GRANTED, and the stay previously granted in this matter is lifted. The petition for writ of mandamus is hereby DISMISSED AS MOOT.

PER CURIAM

Memorandum Opinion delivered and

filed this the 19th day of July, 2006.