                                        In The

                                 Court of Appeals
                     Ninth District of Texas at Beaumont
                               _________________
                                NO. 09-16-00288-CV
                               _________________


                           IN RE STEPHEN A. SMITH

________________________________________________________________________

                               Original Proceeding
               284th District Court of Montgomery County, Texas
                        Trial Cause No. 16-07-07602-CV
________________________________________________________________________

                           MEMORANDUM OPINION

      On August 19, 2016, Stephen A. Smith filed a petition for a writ of

mandamus to compel the trial court to vacate an order in trial court cause number

16-07-07602-CV, Carl Cannon, Lisa Cannon, Mark Atkins, Cathy Atkins, David

Cannon, Val Cannon, Chris Gaskill, Cindy Gaskill, Justin Regan, and Shannon

Regan v. Stephen A. Smith. We stayed further proceedings in the trial court, but

later lifted the stay to allow the trial court to consider an agreed final judgment.

      On August 31, 2016, the relator filed an agreed motion to dismiss this

original proceeding on his mandamus petition. The motion is granted. We lift the

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stay order previously entered in this proceeding, and we dismiss this original

proceeding without reference to the merits and without prejudice.

      PETITION DISMISSED.



                                                         PER CURIAM


Submitted on September 21, 2016
Opinion Delivered September 22, 2016

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




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