in Re Red Bluff LLC D/B/A the Courtyards at Pasadena

Opinion issued January 9, 2014

In The

Court of Appeals

For The

First District of Texas

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NO. 01-13-00857-CV

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IN RE RED BLUFF LLC D/B/A THE COURTYARDS AT PASADENA,

Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

Relator, Red Bluff LLC d/b/a The Courtyards at Pasadena, has filed a

motion to withdraw its petition for writ of mandamus.1 The Court construes this

motion as a motion to dismiss. No opinion has issued. Further, although relator

1

The underlying case is Deborah Hoerster as Attorney in fact for Helen Cox v. Red

Bluff, LLC d/b/a The Courtyards at Pasadena, cause number 2013-15240, pending

in the 189th District Court of Harris County, Texas, the Hon. William R. Burke

presiding.

failed to include a certificate of conference in its motion, it did include a certificate

of service, more than 10 days have passed since the motion was filed, and no party

has responded to the motion. See TEX. R. APP. P. 10.1(a)(5), 10.3(a).

Accordingly, we grant the motion and dismiss relator’s petition for writ of

mandamus. Cf. TEX. R. APP. P. 42.1(a)(1). We dismiss all other pending motions

as moot.

PER CURIAM

Panel consists of Justices Keyes, Bland, and Brown.

2