                                       In The

                                Court of Appeals
                    Ninth District of Texas at Beaumont
                              _________________
                               NO. 09-14-00166-CV
                              _________________


         IN RE HERCULES TIRE AND RUBBER COMPANY, INC.

________________________________________________________________________

                               Original Proceeding
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                          MEMORANDUM OPINION

      A mandamus petition filed by Hercules Tire and Rubber Company, Inc. asks

this Court to compel the 60th District Court of Jefferson County, Texas, to vacate

its order of April 8, 2014. The trial court ordered Relator to present a non-resident,

former employee fact witness for a deposition in Texas on April 11, 2014. We

stayed the trial court’s order and requested responses from the real parties in

interest. See Tex. R. App. P. 52.08(b)(1); 52.10(b). Lloyd Gillespie filed a motion

to dismiss the mandamus proceeding as moot and requested sanctions. See Tex. R.

App. P. 52.11.



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      On April 14, 2014, Relator filed a motion to dismiss this mandamus

proceeding. The trial court vacated its April 2014 order after we received the

mandamus petition and the response. We dissolve our temporary order, deny the

motion to impose sanctions, and grant the motion to dismiss. The original

proceeding is dismissed without reference to the merits.

      PETITION DISMISSED.



                                                           PER CURIAM


Opinion Delivered May 1, 2014

Before Kreger, Horton, and Johnson, JJ.




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