Opinion issued October 27, 2022

In The Court of Appeals For The First District of Texas ———————————— NO. 01-22-00759-CV ——————————— IN RE BRETT AGEE AND GARVIN, AGEE, CARLTON & MASHBURN, P.C., Relators

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION Relators, Brett Agee and Garvin, Agee, Carlton & Mashburn, P.C., filed a petition for a writ of mandamus contending that they are entitled to mandamus relief based on the trial court’s “fail[ure] to grant [r]elators’ motion to dismiss, motion to abate, motion for summary judgment,” and because the trial court “has failed to recognize that [r]elators were dismissed when [real party in interest Brent W. Coon PC] filed an amended petition which omitted all claims against relators.” Relators request that “this Court issue a writ of mandamus to require the [trial court] to grant [r]elators’ motions and determine that the [r]elators are dismissed” from the underlying litigation.1 We deny relators’ petition for writ of mandamus. See TEX. R. APP. P. 52.8(a).

Any pending motions are dismissed as moot.

PER CURIAM Panel consists of Justices Kelly, Rivas-Molloy, and Guerra.

The underlying case is Brent W. Coon PC v. Gary M. Riebschlager, The Riebschlager Law Firm, PC and Brett Agee and Garvin, Agee, Carlton & Mashburn, P.C., Cause Number 2020-35091, in the 125th District Court of Harris County, Texas, the Honorable Kyle Carter presiding.