in Re Lexington Insurance Company, the Silsbee Oaks Healthcare Employee Occupational Insurance Plan and Silsbee Oaks Health Care ( 2005 )

In The

Court of Appeals

Ninth District of Texas at Beaumont

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NO. 09-05-045 CV ____________________

IN RE LEXINGTON INSURANCE COMPANY, SILSBEE OAKS HEALTH CARE, L.L.P., OCCUPATIONAL INJURY PLAN AND SILSBEE OAKS HEALTH CARE, L.L.P.

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Original Proceeding

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MEMORANDUM OPINION ⁽¹⁾

On February 2, 2005, Lexington Insurance Company, Silsbee Oaks Health Care, L.L.P., Occupational Injury Plan and Silsbee Oaks Health Care, L.L.P. filed this petition for writ of mandamus. We requested a response from the real party in interest. On April 26, 2005, the relators filed a motion to dismiss the petition.

Accordingly, this original proceeding is dismissed without prejudice and without reference to the merits.

WRIT DISMISSED.

PER CURIAM

Opinion Delivered May 26, 2005

Before McKeithen, C.J., Gaultney and Horton, JJ.

1. Tex. R. App. P. 47.4.