in Re: David Goad

i i i i i i MEMORANDUM OPINION No. 04-09-00586-CV IN RE David GOAD Original Mandamus Proceeding1 PER CURIAM Sitting: Catherine Stone, Chief Justice Sandee Bryan Marion, Justice Marialyn Barnard, Justice Delivered and Filed: September 30, 2009 PETITION FOR WRIT OF MANDAMUS DENIED AS MOOT On September 16, 2009, relator David Goad filed a petition for writ of mandamus, complaining of the trial court’s September 2, 2009 order on plaintiff’s motion for contempt. However, on September 16, 2009, the trial court signed an order on plaintiff’s motion for sanctions, which withdrew the September 2, 2009 order on plaintiff’s motion for contempt. Therefore, the petition for writ of mandamus is now moot. Accordingly, we dismiss the petition for writ of mandamus as moot. PER CURIAM 1 … This proceeding arises out of Cause No. 08-1872-CV, styled Zuehl Airport Flying Community Owners Association v. Phoenix Air Transport, Inc., James Macivor, David Goad, and Walter Schmidt, pending in the 25th Judicial District Court, Guadalupe County, Texas, the Honorable Dwight E. Peschel presiding. However, the Honorable Gary Steel, presiding judge of the 274th Judicial District Court, Guadalupe County, Texas, signed the order complained of.