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COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 2-09-056-CV
IN RE CHARLES D. NEWBERRY RELATOR
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ORIGINAL PROCEEDING
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MEMORANDUM OPINION[1]
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We have considered relator=s petition for writ of mandamus and ARespondent=s Response To Petition For Writ Of Mandamus And Motion To Dismiss Appeal As Moot,@ wherein respondent indicates that he vacated the January 22, 2009 order complained of by relator in his petition for writ of mandamus, thus rendering relator=s petition for writ of mandamus as moot. It is the court=s opinion that respondent=s motion should be granted. Accordingly, we dismiss relator=s petition for writ of mandamus as moot.
PER CURIAM
PANEL: MCCOY, J.; CAYCE, C.J.; and MEIER, J.
DELIVERED: March 11, 2009
[1]See Tex. R. App. P. 47.4.