in Re Loomis Armored US, LLC

Opinion issued March 11, 2021

In The

Court of Appeals

For The

First District of Texas ————————————

NO. 01-21-00027-CV ———————————

IN RE LOOMIS ARMORED US, LLC, Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

Relator, Loomis Armored US, LLC, filed a petition for writ of mandamus challenging an order by the former trial court judge denying relator’s motion to quash a deposition and motion for protection.1 Because the challenged order was issued by the former trial court judge, this original proceeding was abated for the successor trial court judge to reconsider the order. See TEX. R. APP. P. 7.2(b). The successor judge subsequently held a hearing and issued an order denying reconsideration of the challenged order. Accordingly, we reinstate the original proceeding on the Court’s active docket.

Before our opinion issued, relator filed a letter with the Court withdrawing its mandamus petition. We construe the letter as a motion to dismiss the petition. Although the letter does not contain a certificate of conference, it has been on file with the Court for more than ten days and no party has objected. See TEX. R. APP. P. 10.1(a)(5), 10.3(a). We grant the motion and dismiss this original proceeding. Any other pending motions are dismissed as moot.

PER CURIAM

Panel consists of Justices Kelly, Landau, and Hightower.