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MEMORANDUM OPINION

No. 04-10-00458-CV

IN RE Johanna BENAVIDES

Original Mandamus Proceeding

PER CURIAM

Sitting:            Catherine Stone, Chief Justice

Rebecca Simmons, Justice

Marialyn Barnard, Justice

Delivered and Filed: August 11, 2010 

PETITION FOR WRIT OF MANDAMUS DENIED

            On June 17, 2010, relator Johanna Benavides filed a petition for writ of mandamus, seeking to set aside the trial court’s March 1, 2010 Order for Temporary Orders Pending Appeal. Relator complains the trial court improperly granted temporary orders pending the appeal in Cause No. 04-10-00438-CV that was filed by real party in interest Edward Benavides. However, on July 14, 2010, this court dismissed the appeal in Cause No. 04-10-00438-CV. Therefore, the petition for writ of

mandamus is now moot. Accordingly, the petition for writ of mandamus is DENIED AS MOOT. See Tex. R. App. P. 52.8(a).  

PER CURIAM