On January 11, 2006, Healthmark Partners, L.L.C., and Gulf Healthcare Center, Port Arthur, filed this petition for writ of mandamus. We requested a response from the real party in interest. On January 30, 2006, the relators filed a motion to dismiss the petition.

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

WRIT DISMISSED.

PER CURIAM

Opinion Delivered February 9, 2006

Before Gaultney, Kreger and Horton, JJ.