in Re Kim Whittenburg

In The

Court of Appeals

Ninth District of Texas at Beaumont ____________________

NO. 09-05-409 CV ____________________

IN RE KIM WHITTENBURG

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Original Proceeding

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MEMORANDUM OPINION

The relator filed a petition for writ of mandamus to compel the trial court to vacate a contempt order and dismiss the motion for enforcement. The real part in interest, Jerry Lee Whittenburg, subsequently supplied the Court with a copy of a Rule 11 agreement filed in the trial court and suggested that the issues raised in the petition for writ of mandamus have been mooted by the Rule 11 agreement and by subsequent developments in the trial court. The relator did not object to the suggestion of mootness. The trial court vacated the contempt provisions of the order of enforcement and the parties agreed to temporary provisions regarding access by the parties to the child. The petition for writ of mandamus is denied without reference to the merits of the issues presented in the petition.

WRIT DENIED.

PER CURIAM

Opinion Delivered January 5, 2005

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