in Re: Union Carbide Corporation ( 2004 )

Petition for Writ of Mandamus Dismissed and Memorandum Opinion filed February 12, 2004

Petition for Writ of Mandamus Dismissed and Memorandum Opinion filed February 12, 2004.

In The

Fourteenth Court of Appeals

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NO. 14-04-00008-CV

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IN RE UNION CARBIDE CORPORATION, Relator

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

M E M O R A N D U M   O P I N I O N

On January 8, 2004, relator, Union Carbide Corporation, filed a petition for writ of mandamus.  See Tex. Gov=t Code Ann. ' 22.221 (Vernon Supp. 2003).  Relator asked this court to order The Honorable Susan Criss, Judge, 212th Judicial District Court, Galveston County, Texas, to set aside her order dated December 19, 2003, entered in trial court cause number 02CV0570, styled Allen H. Martin and Patricia Medina Martin v. BP Amoco Chemical Company, et. al.  Relator claimed the trial court abused its discretion in granting the motion to compel filed by real parties in interest.  On January 20, 2004, this court stayed the trial court=s December 19, 2003 order.  See Tex. R. App. P. 52.8(b), 52.10.

On February 3, 2004, relator filed an unopposed motion to dismiss this original proceeding because the parties have settled their dispute.  The motion is granted.

Accordingly, the petition for writ of mandamus is dismissed, and this court=s January 20, 2004, stay order is dissolved.

PER CURIAM

Petition Denied and Memorandum Opinion filed February 12, 2004.

Panel consists of Justices Yates, Anderson, and Seymore.