Seeking to compel the trial court to limit the scope of a deposition Brookshire Brothers, Ltd. filed a petition for writ of mandamus in this Court. See Tex. R. App. P. 52. Relator subsequently presented the matter to the successor judge, who considered the matter and issued a new order. On February 9, 2009, relator notified the Court that it no longer requests mandamus relief. Accordingly, we dismiss this original proceeding without reference to the merits.

PETITION DISMISSED.

PER CURIAM

Opinion Delivered February 19, 2009

Before Gaultney, Kreger, and Horton, JJ.