in Re: Daico Supply Company and Gilberto Bercian ( 2021 )

Dismiss and Opinion Filed June 7, 2021 S In The Court of Appeals Fifth District of Texas at Dallas No. 05-20-00963-CV IN RE DAICO SUPPLY COMPANY AND GILBERTO BERCIAN, Relator Original Proceeding from the 44th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-19-18216 MEMORANDUM OPINION Before Justices Pedersen, III, Carlyle, and Garcia Opinion by Justice Pedersen, III In their November 6, 2020 petition for writ of mandamus, relators challenge the trial court’s order granting real parties in interest’s motion for a continuance and for a modified scheduling and pretrial order, to the extent the court required that the third-party claims be tried separately from the other claims. On May 28, 2021, relator filed an unopposed motion to dismiss, advising us that this original proceeding has been rendered moot. We grant the motion and dismiss the petition. 200963f.p05 /Bill Pedersen, III// BILL PEDERSEN, III JUSTICE