Dismiss Writ and Opinion Filed September 11, 2013

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-13-01156-CV No. 05-13-01157-CV IN RE JOHN CLOUD, Relator Original Proceeding from the 195th Judicial District Court Dallas County, Texas Trial Court Cause No. F93-61603, F93-61604 MEMORANDUM OPINION Before Justices FitzGerald, Lang, and Myers Opinion by Justice FitzGerald Relator contends the trial court failed to rule on his motion for DNA testing. The facts and issues are well known to the parties, so we need not recount them herein. Relator’s motion for DNA testing was denied by the trial court on August 26, 2013. Therefore, the issues presented in this petition are moot. See Dow Chem. Co. v. Garcia, 909 S.W.2d 503, 505 (Tex. 1995) (orig. proceeding), In re Gill, No. 06-04-00090-CV, 2004 WL 1884498 at *1 (Tex. App.BTexarkana Aug. 24, 2004, orig. proceeding). Accordingly, we DISMISS relator=s petition for writ of mandamus.

/Kerry P. FitzGerald/ 131156F.P05 KERRY P. FITZGERALD JUSTICE