Opinion issued March 11, 2021
In The
Court of Appeals
For The
First District of Texas
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NO. 01-21-00027-CV
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IN RE LOOMIS ARMORED US, LLC, Relator
Original Proceeding on Petition for Writ of Mandamus
MEMORANDUM OPINION
Relator, Loomis Armored US, LLC, filed a petition for writ of mandamus
challenging an order by the former trial court judge denying relator’s motion to
quash a deposition and motion for protection.1 Because the challenged order was
issued by the former trial court judge, this original proceeding was abated for the
1
The underlying case is Gayle Stout Todd and Thomas Russell Todd v. Loomis
Armored US, LLC and Mark Anthony Muniz, cause number 2020-00189, pending
in the 334th District Court of Harris County, Texas, the Honorable Dawn Rogers
presiding.
successor trial court judge to reconsider the order. See TEX. R. APP. P. 7.2(b). The
successor judge subsequently held a hearing and issued an order denying
reconsideration of the challenged order. Accordingly, we reinstate the original
proceeding on the Court’s active docket.
Before our opinion issued, relator filed a letter with the Court withdrawing its
mandamus petition. We construe the letter as a motion to dismiss the petition.
Although the letter does not contain a certificate of conference, it has been on file
with the Court for more than ten days and no party has objected. See TEX. R. APP. P.
10.1(a)(5), 10.3(a). We grant the motion and dismiss this original proceeding. Any
other pending motions are dismissed as moot.
PER CURIAM
Panel consists of Justices Kelly, Landau, and Hightower.
2