in Re KB Home Lone Star Inc., Relators ( 2010 )

i i i i i i MEMORANDUM OPINION No. 04-10-00101-CV IN RE KB HOME LONE STAR INC., KB HOME LONE STAR LP, KBSA, INC., AND KB HOME HOLDINGS INC. Original Mandamus Proceeding1 PER CURIAM Sitting: Catherine Stone, Chief Justice Sandee Bryan Marion, Justice Steven C. Hilbig, Justice Delivered and Filed: April 28, 2010 PETITION FOR WRIT OF MANDAMUS DISMISSED On April 21, 2010, relators filed an unopposed motion to dismiss, asking this court to dismiss this mandamus proceeding as moot because the parties settled the underlying case in mediation on April 13, 2010. Accordingly, relators’ petition for writ of mandamus is DISMISSED AS MOOT. See TEX . R. APP . P. 42.1(a)(1). PER CURIAM 1 … This proceeding arises out of Cause No. 2009-CI-07801, styled Christopher Suwanski and Valerie Leibold vs. KB Home Lone Star LP, et al., pending in the 285th Judicial District Court, Bexar County, Texas, the Honorable Michael Peden presiding. However, the order complained of was signed by the Honorable Peter Sakai, presiding judge of the 225th Judicial District Court, Bexar County, Texas.