NO. 12-10-00207-CV
IN THE COURT OF APPEALS
TWELFTH COURT OF APPEALS DISTRICT
TYLER, TEXAS
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IN RE: REGIONAL UROLOGY, LLC,
RELATOR ' ORIGINAL PROCEEDING
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MEMORANDUM OPINION
PER CURIAM
In this original proceeding, Regional Urology seeks a writ of mandamus directing
the respondent to grant its motion to stay the underlying Texas suit until resolution of the
prior Louisiana suit involving the same parties and the same subject matter. The
respondent was not the presiding judge when the orders denying Regional Urology’s
motion for stay and its subsequent motion for reconsideration were signed. Accordingly,
we abated this proceeding to provide the respondent an opportunity to reconsider the
orders. See TEX. R. APP. P. 7.2(b).
In response to this court’s order, the respondent vacated the order overruling
Regional Urology’s motion to stay, and signed an order granting Regional Urology’s
motion to reconsider its motion to stay the Texas suit. Thus, this original proceeding is
now moot. Accordingly, the abatement is lifted, and this original proceeding is
dismissed.
Opinion delivered September 1, 2010.
Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J.
(PUBLISH)