COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

MEMORANDUM OPINION

            Relator, Spira Footwear, Inc., filed a petition seeking a writ of mandamus against the Honorable Linda Y. Chew, Judge of the 327th District Court of El Paso County, Texas. Relator and the Real Party in Interest, Andrew Krafsur, have since filed an agreed motion to dismiss the mandamus proceeding on the ground that the matter has become moot. See Tex.R.App.P. 42.1. We grant the motion and dismiss the mandamus proceeding.

February 1, 2007                                                        

                                                                                    ANN CRAWFORD McCLURE, Justice

Before McClure, J., Ables, J., and Barajas, C.J. (Ret.)

Ables, J., sitting by assignment

Barajas, C.J. (Ret.), sitting by assignment