In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-14-00094-CV
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IN RE WELLS FARGO BANK, N.A., BANK OF MONTREAL, THE
PRUDENTIAL INSURANCE COMPANY OF AMERICA, THOMAS E.
MCGRAW AND TROY JEFFERSON
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Original Proceeding
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MEMORANDUM OPINION
Wells Fargo Bank, N.A., Bank of Montreal, The Prudential Insurance
Company of America, Thomas E. McGraw and Troy Jefferson, filed a petition for
mandamus relief to compel the Honorable Judge Robert J. Wortham to grant a
continuance of the trial of the case and permit additional discovery. We granted
Relators’ motion to stay jury selection and requested a response from the real
parties in interest. See Tex. R. App. P. 52.08(b)(1); 52.10. Before submission, we
abated the original proceeding to allow a successor judge to reconsider the original
decision. See Tex. R. App. P. 7.2(b). Relators have filed a motion to dismiss this
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original proceeding without prejudice. Relators inform the Court that this
proceeding is moot because the real parties in interest have filed a notice of nonsuit
with the trial court.
We withdraw our order of April 10, 2014, which abated this original
proceeding, we dissolve our order of March 3, 2014, which stayed jury selection in
the trial court, we grant the motion to dismiss without prejudice, and we dismiss
this original proceeding without reference to the merits.
PETITION DISMISSED.
PER CURIAM
Opinion Delivered May 1, 2014
Before McKeithen, C.J., Kreger and Horton, JJ.
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