TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-13-00340-CV

In re PointServe, Inc.

ORIGINAL PROCEEDING FROM TRAVIS COUNTY

MEMORANDUM OPINION

Relator PointServe, Inc., and real party in interest IPX, Inc., have filed an agreed motion to dismiss this mandamus proceeding as moot, advising that the order at issue, which granted a rule 202 pre-suit deposition, has been vacated and that the underlying action seeking that discovery has been dismissed in light of a subsequent lawsuit between the parties. We grant the motion and dismiss this mandamus proceeding as moot.

__________________________________________ Bob Pemberton, Justice Before Justices Puryear, Pemberton, and Rose Filed: June 18, 2013