Opinion issued August 12, 2004

In The

Court of Appeals

For The

First District of Texas

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NO. 01-03-01326-CV

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IN RE HORACE MANN LLOYDS, Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

          Relator, Horace Mann Lloyds, has filed an unopposed motion to withdraw the petition for writ of mandamus, in which he complained that Judge Reece Rondon abused his discretion by (1) signing an “Order Appointing Receiver and Order of Reference” on December 15, 2003, (2) erroneously characterizing a July 18, 2003 “default judgment” as a final judgment, and (3) not ruling on relator’s motion for new trial.

          Relator explains in his motion to withdraw his petition that he and the real-party-in-interest, James Roberson, have settled all matters in controversy between them and that the complaints against Judge Reece Rondon have become moot.

           We grant relator’s motion to withdraw his petition for writ of mandamus.

PER CURIAM

Panel consists of Chief Justice Radack and Justices Alcala and Bland.