in Re Javier Barron and Emerita Espinoza ( 2014 )

Petition for Writ of Mandamus Dismissed and Memorandum Opinion filed
April 17, 2014.
In The
Fourteenth Court of Appeals
NO. 14-14-00283-CV
IN RE JAVIER BARRON AND EMERITA ESPINOZA, Relators
ORIGINAL PROCEEDING
WRIT OF MANDAMUS
313th District Court
Harris County, Texas
Trial Court Cause No. 2012-06505J
MEMORANDUM OPINION
On April 14, 2014, relators Javier Barron and Emerita Espinoza filed a
petition for writ of mandamus in this court. See Tex. Gov’t Code Ann. §22.221;
see also Tex. R. App. P. 52. In the petition, relators ask this court to compel the
Honorable Glenn Devlin, presiding judge of the 313th District Court of Harris
County, to set aside his April 10, 2014 order denying their motion for continuance.
Subsequent to filing their petition for writ of mandamus in this court,
relators filed a notice of nonsuit, advising this court that they no longer desire to
prosecute their original proceeding against respondent. We construe relators’
notice of nonsuit as a motion dismiss and grant the motion.
Accordingly, we order relators’ petition for writ of mandamus dismissed.
Relators’ related emergency motion to stay the trial is further denied as moot.
PER CURIAM
Panel consists of Chief Justice Frost and Justices Donovan and Brown.
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