On November 24, 2004, Allstate Texas Lloyd's Company filed its petition for writ of mandamus. The parties subsequently agreed to the entry of an order in the trial court granting a severance and abatement of the extra-contractual claims in this insurance case. On December 13, 2004, the relator filed a motion to dismiss the petition.

Accordingly, this original proceeding is dismissed without prejudice and without reference to the merits.

WRIT DISMISSED.

PER CURIAM

Opinion Delivered December 16, 2004

Before McKeithen, C.J., Burgess and Gaultney, JJ.

1. Tex. R. App. P. 47.4.