Opinion issued September 10, 2009

In The

Court of Appeals

For The

First District of Texas

NO. 01-09-00522-CV

IN RE TANNER COMPANIES, INC., PAUL WINTERS, WILLIAM A. ZARTLER, TYLER CRABTREE, TANNER HOLDINGS, L.L.C., TANNER SERVICES, L.L.C., AND DENHAM CAPITAL MANAGEMENT, Relators

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

          Relators, Tanner Companies, Inc., Paul Winters, William A. Zartler, Tyler Crabtree, Tanner Holdings, L.L.C., Tanner Services, L.L.C., and Denham Capital Management (collectively, “Tanner”), seek mandamus relief compelling the trial court to vacate its order compelling production of discovery without regard to relevancy and imposing sanctions. On September 4, 2009, Tanner moved to dismiss the petition for writ of mandamus.

          We dismiss the petition for writ of mandamus. All pending motions are overruled as moot.

PER CURIAM

Panel consists of Justices Keyes, Hanks, and Bland.