Opinion issued March 17, 2005

In The

Court of Appeals

For The

First District of Texas

NO. 01-04-01288-CV

IN RE MARYLAND CASUALTY COMPANY AND NORTHERN INSURANCE COMPANY OF NEW YORK, Relators

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

          Relators, Maryland Casualty Company and Northern Insurance Company of New York, have filed a petition for writ of mandamus complaining about the trial court’s December 10, 2004 order that requires relators to pay $855,000 to the real parties in interest, Monique Kirkland Hodgson, as Guardian of the Person and Estate of Earl Dudley Kirkland III, Individually and on Behalf of the Estate of Billie Jo Kirkland, Earl Kirkland Jr., and Lynn Nell Shimek.

          Relators have filed an unopposed motion to dismiss their petition for writ of mandamus. More than 10 days have elapsed, and no objection has been filed. See Tex. R. App. P. 10.3(a). Accordingly, the motion is granted, and the petition for writ of mandamus is dismissed. See Tex. R. App. P. 42.1(a)(1).

          We withdraw our January 11, 2005 order that stayed all proceedings in the trial court. All other pending motions in this mandamus proceeding are overruled as moot.

PER CURIAM

Panel consists of Justices Taft, Keyes, and Hanks.