COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

MEMORANDUM OPINION

            This mandamus proceeding was abated while the parties negotiated a settlement of the underlying litigation. The parties have now filed a joint motion to dismiss for mootness because they reached a settlement and the underlying suit has been dismissed. Accordingly, the proceeding is reinstated on the docket of this Court, the motion is granted, and the proceeding is dismissed.

August 31, 2011                                                         

                                                                                    ANN CRAWFORD McCLURE, Justice

Before Chew, C.J., McClure, and Rivera, JJ.