Opinion issued November 20, 2008

In The

Court of Appeals

For The

First District of Texas

NO. 01-08-00799-CV

NO. 01-08-00800-CV

NO. 01-08-00801-CV

IN RE DENNIE BRUNS, Relator

On Petitions for Writs of Mandamus, Prohibition, and Injunction

from the 56th District Court

Galveston County, Texas

Trial Court Cause No. 07CV1439

MEMORANDUM OPINION

          By petitions for writs of mandamus, prohibition, and injunction, relator Dennie Bruns challenges the trial court’s July 2, 2008 order transferring venue to DeWitt County and seeks to prohibit both the DeWitt County trial court and real party in interest, Top Design, Inc., from taking any action on the underlying litigation presently pending in that county.

          In our modified opinion on the interlocutory appeal arising from the underlying case, we vacated the July 2, 2008 order, which transferred the underlying case to a county outside our jurisdiction. Bruns v. Top Design, Inc., slip op., No. 01-08-00070-CV, (Tex. App.—Houston [1st Dist.] November 20, 2008).

          We dismiss the petition for writs of mandamus, prohibition, and injunction as moot.

PER CURIAM

Panel consists of Chief Justice Radack and Justices Nuchia and Higley.