COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS § § IN RE: No. 08-07-00308-CV § BRIAN M. GORDON, M.D., An Original Proceeding § RELATOR. in Mandamus § §

MEMORANDUM OPINION ON PETITION FOR WRIT OF MANDAMUS Relator, Brian M. Gordon, M.D., filed a petition for writ of mandamus in this Court on October 26, 2007. See TEX .R.APP .P. 52.1. Prior to the Court rendering a decision on the petition, Relator has filed a motion to dismiss stating that on June 2, 2008, the parties reached an agreement settling all matters in controversy in the underlying case. SeeTEX .R.APP .P. 42.1(a)(2).

Having considered Relator’s motion, this Court is of the opinion that it should be granted.

Therefore, we dismiss the petition for writ of mandamus. As the motion does not specify otherwise, Relator will bear the costs of the proceeding. See TEX .R.APP .P. 42.1(d).

June 12, 2008 DAVID WELLINGTON CHEW, Chief Justice Before Chew, C.J., McClure, and Carr, JJ.