in Re the Goodyear Rubber & Tire Company

MEMORANDUM OPINION

No. 04-03-00192-CV

IN RE GOODYEAR TIRE & RUBBER COMPANY

Original Mandamus Proceeding ⁽¹⁾

PER CURIAM

Sitting: Catherine Stone, Justice

Paul W. Green, Justice

Sarah B. Duncan, Justice

Delivered and Filed: August 29, 2003

MOTION TO DISMISS GRANTED; PETITION FOR WRIT OF MANDAMUS DISMISSED

On August 15, 2003, relator filed a motion to dismiss the petition for writ of mandamus as moot because the trial court has vacated the discovery order at issue in the proceeding. The motion contains a certificate of service to the real parties in interest, who have not opposed the motion. We grant the motion and dismiss the petition. See Tex. R. App. P. 42.1(a)(2). Costs of the proceeding are to be paid by the relator.

PER CURIAM

1. This proceeding arises out of Cause No. 4,813, styled

Elva Nelia Garcia, Individually and On Behalf of the Estate of Omar Garcia, Deceased, and as Next Friend of Omar Garcia, Jr., Arturo Garcia, Mario Orlando Garcia and Ricky L. Garcia, and Manuel and Ysidra Garcia, Parents of Omar Garcia, Sr., Deceased v. The Goodyear Tire & Rubber Company, Paul Young Chevrolet, Inc. a/k/a Paul Young Auto Mall, Sears, Roebuck and Company, and Adrian Ramirez , pending in the 49th Judicial District Court, Zapata County, Texas, the Honorable Manuel R. Flores presiding.