Petition for Writ of Mandamus Denied and Memorandum Opinion filed March 12, 2009.
In The
Fourteenth Court of Appeals
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NO. 14-09-00190-CV
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IN RE ANDRES WAIBEL, Relator
ORIGINAL PROCEEDING
WRIT OF MANDAMUS
M E M O R A N D U M O P I N I O N
On February 26, 2009, relator, Andres Waibel, filed a petition for writ of mandamus in this court. See Tex. Gov=t Code Ann. ' 22.221 (Vernon 2004); see also Tex. R. App. P. 52. In the petition, relator requests that we compel the respondent, the Honorable Roberta Lloyd, presiding judge of County Court at Law No. 4 of Harris County, to continue the March 2, 2009 bench trial, enter a docket control order setting deadlines for discovery, intervention, or parties, and setting a trial date no earlier than forty-five days from the date of the docket control order. On February 27, 2009, we issued an order staying the March 2, 2009 bench trial, and requested a response from real party in interest, Melinda Thompkins.
On March 4, 2009, relator and Thompkins filed a notice in this court of their agreement that the trial court sign a docket control order setting deadlines for discovery, intervention, or parties, and setting a trial date no earlier than forty-five days from the date of the docket control order. Relator=s requested relief is moot.
Accordingly, we deny relator=s petition for writ of mandamus. We further lift the stay issued on February 27, 2009.
PER CURIAM
Panel consists of Chief Justice Hedges and Justices Anderson and Seymore.