DISMISS and Opinion Filed September 21, 2020

In The Court of Appeals Fifth District of Texas at Dallas No. 05-19-01423-CV IN RE CALIBER HOME LOANS, INC., Relator Original Proceeding from the 95th District Court Dallas County, Texas Trial Court Cause No. DC-19-08719 MEMORANDUM OPINION Before Justices Myers, Molberg, and Nowell Opinion by Justice Nowell Relator filed a petition for mandamus seeking a writ regarding the trial court’s October 31, 2019 order compelling all parties to participate in non-binding arbitration. After signing the order, respondent judge, the Honorable David Evans, ceased to hold office as the presiding judge of the 95th Judicial District Court of Dallas County. As required by rule 7.2 of the appellate rules, we stayed the proceeding below and abated this case to allow the successor judge to reconsider the original judge’s decision. On August 25, 2020 we received the successor judge’s order reconsidering and withdrawing the October 31, 2019 order.

Because the now rescinded October 31, 2019 order was the subject of relator’s petition, we questioned our jurisdiction. See Heckman v. Williamson Cty., 369 S.W.3d 137, 162 (Tex. 2012) (court lacks jurisdiction over case that has become moot). In response to our inquiry, on September 15, 2020, relator filed a letter stating it also deemed this proceeding moot. Accordingly, we LIFT the stay imposed on the proceedings below and DISMISS this proceeding.

/Erin A. Nowell/ ERIN A. NOWELL JUSTICE

191423F.P05

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