                                      In The

                               Court of Appeals
                    Ninth District of Texas at Beaumont
                             _________________
                              NO. 09-14-00094-CV
                             _________________


   IN RE WELLS FARGO BANK, N.A., BANK OF MONTREAL, THE
  PRUDENTIAL INSURANCE COMPANY OF AMERICA, THOMAS E.
              MCGRAW AND TROY JEFFERSON

________________________________________________________________________

                               Original Proceeding
________________________________________________________________________

                          MEMORANDUM OPINION

      Wells Fargo Bank, N.A., Bank of Montreal, The Prudential Insurance

Company of America, Thomas E. McGraw and Troy Jefferson, filed a petition for

mandamus relief to compel the Honorable Judge Robert J. Wortham to grant a

continuance of the trial of the case and permit additional discovery. We granted

Relators’ motion to stay jury selection and requested a response from the real

parties in interest. See Tex. R. App. P. 52.08(b)(1); 52.10. Before submission, we

abated the original proceeding to allow a successor judge to reconsider the original

decision. See Tex. R. App. P. 7.2(b). Relators have filed a motion to dismiss this

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original proceeding without prejudice. Relators inform the Court that this

proceeding is moot because the real parties in interest have filed a notice of nonsuit

with the trial court.

       We withdraw our order of April 10, 2014, which abated this original

proceeding, we dissolve our order of March 3, 2014, which stayed jury selection in

the trial court, we grant the motion to dismiss without prejudice, and we dismiss

this original proceeding without reference to the merits.

       PETITION DISMISSED.



                                                            PER CURIAM



Opinion Delivered May 1, 2014

Before McKeithen, C.J., Kreger and Horton, JJ.




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