TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 0931096, HONORABLE JON N. WISSER, JUDGE PRESIDING
This is an appeal from an order denying relief on a pretrial writ of habeas corpus. Because neither a record nor a brief was filed, and because appellant's retained attorney failed to respond to inquiries from this Court, a hearing in the district court was ordered. Tex. R. App. P. 37.3(a)(2), 38.8(b)(2). This order prompted counsel to write a letter to the Court stating that appellant "desired to abandon the appeals case" and that the "case has already been tried." No motion to dismiss the appeal has been filed. See Tex. R. App. P. 42.2. The district clerk has confirmed, however, that the underlying cause has been tried. Under the circumstances, any issues raised in the pretrial habeas corpus proceeding are moot.
Our order of September 23, 1998, is withdrawn. The appeal is dismissed as moot.
Before Chief Justice Yeakel, Justices Jones and B. A. Smith
Dismissed
Filed: October 22, 1998
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