Dismissed and Opinion Filed February 1, 2021
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-21-00055-CV
IN RE VERTICAL HOLDINGS, LLC, AND VANGUARD FINANCIAL
TRUST, Relators
Original Proceeding from the 101st Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-20-04237
MEMORANDUM OPINION
Before Justices Myers, Partida-Kipness, and Carlyle
Opinion by Justice Partida-Kipness
Before the Court are relators’ January 26, 2021 petition for writ of mandamus
and motion for temporary relief in which they challenge the trial court’s order
denying their motion to dismiss or stay real party in interest’s counterclaim pending
resolution of their federal suit.
In their January 29, 2021 unopposed motion for voluntary dismissal pursuant
to Texas Rule of Appellate Procedure 42.1(a)(1), relators advise us that this original
proceeding has been rendered moot by the dismissal of the federal suit. Accordingly,
we grant the motion and dismiss the petition. Having dismissed the petition, we also
deny the motion for temporary relief as moot.
/Robbie Partida-Kipness/
ROBBIE PARTIDA-KIPNESS
JUSTICE
210055F.P05
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