MEMORANDUM OPINION

No. 04-05-00385-CV

IN RE TRANSPORTATION INSURANCE COMPANY

and Transcontinental Insurance Company

Original Mandamus Proceeding

PER CURIAM

Sitting:            Alma L. López, Chief Justice

Sarah B. Duncan, Justice

Phylis J. Speedlin, Justice

Delivered and Filed: August 24, 2005

PETITION FOR WRIT OF MANDAMUS DISMISSED AS MOOT

            On June 10, 2005, relators, Transportation Insurance Company and Transcontinental Insurance Company, filed a petition for a writ of mandamus to compel the judge of the trial court to transfer venue of the underlying proceeding to Kerr County. Alberto Luna, the real party in interest, filed a response on July 28, 2005. On August 1, 2005, respondent, the Honorable Cynthia L. Muniz, filed a copy of an order signed by her on July 28, 2005, in which she vacates her order denying relators’ motion to transfer venue and orders that venue of the underlying case be transferred to Kerr County. Accordingly, the petition for a writ of mandamus is now moot and the petition is dismissed.

            The real party in interest, Alberto Luna, shall pay all costs incurred in this proceeding.

            The clerk of this court is directed to transmit a copy of this opinion to the attorneys of record, the trial court judge, and the trial court clerk.

                                                                                                PER CURIAM