On March 12, 2004, George Moran, Jr., filed a petition for writ of mandamus. The trial court subsequently entered a final, appealable judgment in the underlying litigation. On April 6, 2004, the relator filed a motion to dismiss the petition without prejudice.

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

WRIT DISMISSED.

PER CURIAM

Opinion Delivered April 8, 2004

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

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