The parties have filed a joint agreed motion to dismiss. This proceeding involved an interlocutory appeal from the trial-court's refusal to modify a temporary injunction. The parties have proceeded to a trial on the merits, rendering any interlocutory appeals moot. We note that the parties filed both an appeal and a mandamus concerning the same order. This Court assigned two cause numbers: the appeal is cause 95-591, the mandamus cause 95-615. The parties have filed this motion in cause 95-591 but refer to a mandamus. Because the trial on the merits moots both, we assume it was intended to apply to both cause numbers.

Accordingly, we grant the parties' motion to dismiss and dismiss the appeal.

Before Justices Powers, Jones and Kidd

Appeal Dismissed on Joint Motion

Filed: June 26, 1997

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