in Re the Ohio Casualty Group ( 2006 )

In The

Court of Appeals

Ninth District of Texas at Beaumont ____________________

NO. 09-06-503 CV ____________________

IN RE THE OHIO CASUALTY GROUP

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Original Proceeding

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MEMORANDUM OPINION

On November 15, 2006, The Ohio Casualty Group filed a petition for writ of mandamus to compel the trial court to vacate its order appointing an umpire. We requested a response from the real party in interest. On November 22, 2006, the real party in interest notified the Court that the issues presented in the petition for writ of mandamus are moot because the parties have entered into a Rule 11 agreement which includes a withdrawal of the petition for writ of mandamus. The Rule 11 agreement is attached to the response.

Accordingly, the stay order entered November 16, 2006 is vacated and this original proceeding is dismissed without reference to the merits and without prejudice to refiling.

WRIT DISMISSED.

PER CURIAM

Opinion Delivered November 27, 2006

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