COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 2-08-434-CV

IN RE MIKO TRUCKING, INC., KART RELATORS

CONSTRUCTION & EQUIPMENT CO., INC.,

HANOVER PROPERTY COMPANY, L.L.C.

D/B/A HANOVER PROPERTY COMPANY,

MOZLEY ACQUISITION AND DEVELOPMENT

PARTNERS, L.P., AND MIRA LAGOS

HOMEOWNERS' ASSOCIATION, INC.

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ORIGINAL PROCEEDING

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MEMORANDUM OPINION ^{(footnote: 1)}

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We have considered relators’ “Motion To Dismiss Petition For Writ Of Mandamus.”  It is the court’s opinion that the motion should be granted; therefore, we dismiss this original proceeding.

Costs of the original proceeding shall be paid by the party incurring the same, for which let execution issue .

PER CURIAM

PANEL:  DAUPHINOT, WALKER, and MCCOY, JJ.

DELIVERED:  March 26, 2009

FOOTNOTES

1:

See Tex. R. App. P. 47.4 .