On January 22, 2007, Richard Wheeler filed a petition for writ of mandamus. We requested a response from the real party in interest. On January 23, 2007, the trial court withdrew the order at issue in this mandamus proceeding. This original proceeding is moot.

Accordingly, this original proceeding is dismissed without regard to the merits of the issues raised in the petition for writ of mandamus.

WRIT DISMISSED.

PER CURIAM

Opinion Delivered January 25, 2007

Before Gaultney, Kreger, and Horton, J.J.