Dismiss and Opinion Filed June 17, 2015.

In The Court of Appeals Fifth District of Texas at Dallas No. 05-15-00685-CV IN RE TRUE HEALTH DIAGNOSTICS, LLC, AND JEFFREY P. "BOOMER" CORNWELL, Relators Original Proceeding from the 416th Judicial District Court Collin County, Texas Trial Court Cause No. 416-01046-2015 MEMORANDUM OPINION Before Justices Lang-Miers, Evans, and Whitehill Opinion by Justice Evans By unopposed motion dated June 16, 2015 relators True Health Diagnostics, LLC and Jeffery P. “Boomer” Cornwell seek the dismissal of their petition for writ of mandamus because real parties in interest have non-suited the proceeding from which the petition for writ of mandamus arose. As a result of the non-suit of the proceeding underlying this petition for writ of mandamus, the petition for writ of mandamus is now moot. See In re Kellogg Brown & Root, Inc., 166 S.W.3d 732, 737 (Tex. 2005) (orig. proceeding) (“A case becomes moot if a controversy ceases to exist between the parties at any stage of the legal proceedings.”); State Bar of Tex. v. Gomez, 891 S.W.2d 243, 245 (Tex. 1994) (orig. proceeding) (controversy is justiciable, if real controversy exists between parties that will be actually resolved by judicial relief sought).

We dismiss the petition for lack of jurisdiction.

/David Evans/ DAVID EVANS JUSTICE

150685F.P05

–2–