Fallon Gordon filed a petition for writ of mandamus. We granted a motion for temporary relief and requested a response. We subsequently modified the stay at the request of the parties. The parties have now filed an agreed motion to dismiss this original proceeding. The motion is voluntarily made by the parties prior to any decision of this Court. See Tex. R. App. P. 42.1(a). We grant the motion, vacate our stay order as modified, and dismiss the petition for writ of mandamus without reference to the merits.

PETITION DISMISSED.

PER CURIAM

Opinion Delivered December 17, 2009

Before Gaultney, Kreger and Horton, JJ.