On March 22, 2006, Cavalier Home Builders, LLC filed a petition for writ of mandamus in which the relator asks this Court to order the trial judge to vacate its order denying the relator's motion to compel arbitration. The trial court subsequently vacated its order and abated all claims until arbitration is completed. On April 21, 2006, 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 April 27, 2006

Before Gaultney, Kreger and Horton, JJ.