in Re Certain Underwriters at Lloyd's London

Petition for Writ of Mandamus Dismissed and Memorandum Opinion filed May 10, 2011.

In The

Fourteenth Court of Appeals

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NO. 14-11-00274-CV

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IN RE CERTAIN UNDERWRITERS AT LLOYD’S LONDON, Relator

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

11th District Court

Harris County, Texas

Trial Court No. 2010-62825

M E M O R A N D U M   O P I N I O N

            On March 29, 2011, relator, Certain Underwriters at Lloyd’s London, filed a petition for writ of mandamus in this court.  See Tex. Gov’t Code §22.221; see also Tex. R. App. P. 52.1.  In its petition, realtor asked that we direct the Honorable Mike Miller, presiding Judge of the 11th District Court in Harris County, Texas, to vacate his order dated March 10, 2011, denying its motion to compel appraisal and abate the litigation and direct him to grant the motion.  We granted in part relator’s emergency motion for a stay of litigation pending resolution of this proceeding.  On April 1, 2011, this court issued an order staying discovery that was ordered produced or answered by April 8, 2011.

            On May 5, 2011, relator filed a notice of withdrawal of its petition for writ of mandamus, which we construe as a motion to dismiss. Relator advises this court that the parties have agreed to the appraisal process and to abate litigation in the underlying suit until completion of the appraisal.  In addition, the respondent has signed an order ratifying the parties’ agreement.  Accordingly, the issues in relator’s petition for writ of mandamus have been rendered moot. 

            We grant relator’s request and order the petition for writ of mandamus dismissed.  Our April 1, 2011, stay order is vacated.

PER CURIAM

Panel consists of Chief Justice Hedges and Justices Seymore and Boyce.