in Re: Bison Building Materials, Ltd.

Opinion issued March 31, 2005









In The

Court of Appeals

For the

First District of Texas

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NO. 01-04-00609-CV

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IN RE BISON BUILDING MATERIALS, LTD., Relator





Original Proceeding on Petition for Writ of Mandamus





MEMORANDUM OPINIONRelator, Bison Building Materials, Ltd., has filed a petition for writ of mandamus, challenging an order denying relator’s motion to stay and compel arbitration signed by Judge Ellisor on May 6, 2004. Relator has informed this Court that a settlement has been reached in the underlying suit and a final judgment entered, making this original proceeding moot. Accordingly, we lift our stay of June 23, 2004 and dismiss relator’s petition for a writ of mandamus as moot.

PER CURIAM

Panel consists of Chief Justice Radack and Justices Higley and Bland.