Cleveland Regional Medical Center, L.P. d/b/a Cleveland Regional Medical Center filed a petition for writ of mandamus. We requested a response from the real party in interest. The relator filed a motion to dismiss this mandamus proceeding without prejudice because the underlying litigation settled.

The relator no longer requests mandamus relief from the Court. Accordingly, this original proceeding is dismissed without prejudice and without reference to the merits.

PETITION DISMISSED.

PER CURIAM

Opinion Delivered January 31, 2008

Before McKeithen, C.J., Gaultney and Horton, JJ.