Opinion issued January 9, 2014
In The
Court of Appeals
For The
First District of Texas
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NO. 01-13-00857-CV
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IN RE RED BLUFF LLC D/B/A THE COURTYARDS AT PASADENA,
Relator
Original Proceeding on Petition for Writ of Mandamus
MEMORANDUM OPINION
Relator, Red Bluff LLC d/b/a The Courtyards at Pasadena, has filed a
motion to withdraw its petition for writ of mandamus.1 The Court construes this
motion as a motion to dismiss. No opinion has issued. Further, although relator
1
The underlying case is Deborah Hoerster as Attorney in fact for Helen Cox v. Red
Bluff, LLC d/b/a The Courtyards at Pasadena, cause number 2013-15240, pending
in the 189th District Court of Harris County, Texas, the Hon. William R. Burke
presiding.
failed to include a certificate of conference in its motion, it did include a certificate
of service, more than 10 days have passed since the motion was filed, and no party
has responded to the motion. See TEX. R. APP. P. 10.1(a)(5), 10.3(a).
Accordingly, we grant the motion and dismiss relator’s petition for writ of
mandamus. Cf. TEX. R. APP. P. 42.1(a)(1). We dismiss all other pending motions
as moot.
PER CURIAM
Panel consists of Justices Keyes, Bland, and Brown.
2