in Re: the State of Texas







NUMBER 13-03-733-CV


COURT OF APPEALS


THIRTEENTH DISTRICT OF TEXAS


CORPUS CHRISTI - EDINBURG

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IN RE: THE STATE OF TEXAS,                                               Relator.

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On Petition for Writ of Mandamus.

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MEMORANDUM OPINION


Before Chief Justice Valdez and Justices Hinojosa and Castillo

Opinion Per Curiam


         Relator, THE STATE OF TEXAS, filed a petition for writ of mandamus and an emergency motion for temporary relief staying enforcement of respondent’s order granting bail pending the Court’s resolution of the petition for writ of mandamus . This Court granted relator’s emergency motion on December 15, 2004, and entered an order staying enforcement of respondent’s order granting bail pending resolution of this original proceeding. Relator has now filed a motion to dismiss the petition for writ of mandamus. Relator advises the Court that the underlying case has settled.

         The Court, having considered the documents on file and relator’s motion to dismiss the petition for writ of mandamus, is of the opinion that the motion should be granted. Relator’s motion to dismiss is granted. The stay previously entered by this Court is lifted, and the petition for writ of mandamus is hereby DISMISSED.

                                                               PER CURIAM

Opinion delivered and filed this

the 15th day of January, 2004.