in Re Ace European Group Limited

Petition for Writ of Mandamus Dismissed and Memorandum Opinion filed May 19, 2011.

In The

Fourteenth Court of Appeals

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NO. 14-11-00261-CV

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IN RE ACE EUROPEAN GROUP LIMITED, Relator

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

11th District Court

Harris County, Texas

Trial Court No. 2010-55271

M E M O R A N D U M   O P I N I O N

            On March 25, 2011, relator, Ace European Group Limited, 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 signed February 7, 2011, denying its motion to compel appraisal and abate the litigation and direct him to grant the motion. 

            On May 13, 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 the appraisal is completed. 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. 

PER CURIAM

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