Opinion issued September 10, 2013

In The Court of Appeals For The First District of Texas ———————————— NOS. 01-13-00244-CV 01-13-00308-CV ——————————— THE UNIVERSITY OF TEXAS M.D. ANDERSON CANCER CENTER, Appellant V. ROBERT K. TCHOLAKIAN, Appellee **** IN RE UNIVERSITY OF TEXAS M. D. ANDERSON CANCER CENTER, Relator

On Appeal from the 129th District Court Harris County, Texas Trial Court Cause No. 2011-44889 Original Proceeding on Petition for Writ of Mandamus MEMORANDUM OPINION Appellant, The University of Texas M. D. Anderson Cancer Center, has filed an unopposed motion to dismiss the appeal. No opinion has issued. Accordingly, we grant the motion and dismiss the appeal. See TEX. R. APP. P. 42.1(a)(1). We dismiss all other pending motions as moot.

On April 10, 2013, relator, The University of Texas M. D. Anderson Cancer Center, filed a petition for writ of mandamus. See TEX. R. APP. P. 52. Relator has now filed “Relator’s Motion to Dismiss Petition for Writ of Mandamus,” stating that “the parties have finally settled this case” and requesting that the Court dismiss the original proceeding.

Accordingly, we grant the motion and dismiss the petition for writ of mandamus. We dismiss any pending motions as moot.

PER CURIAM Panel consists of Chief Justice Radack and Justices Sharp and Massengale.