On July 2, 2004, J. Ray McDermott, Inc., filed a petition for writ of mandamus in which the relator asks this Court to order the trial judge to vacate its order severing relator's claims against underlying parties from the underlying case. The trial court subsequently vacated its order. On July 12, 2004, the relator filed a motion to dismiss the petition on the grounds that the issue presented in the petition is now moot.

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

WRIT DISMISSED.

PER CURIAM

Opinion Delivered July 22, 2004

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

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