VERANDA FINE HOMES LTD VERANDA INVESTMENT MANAGEMENT VERANDA INVESTMENTS LTD VFH MANAGEMENT KYLE BELEW INDIVIDUALLY STACI BELEW INDIVIDUALLY DALLAS FIVE STAR ROOFING INC AND WILLIAM ROTH INDIVIDUALLY v. BRENT AND LAURA JORGENSON (2011)

IN RE VERANDA FINE HOMES, LTD., VERANDA INVESTMENT MANAGEMENT, L.L.C., VERANDA INVESTMENTS, LTD., VFH MANAGEMENT, L.L.C., KYLE BELEW, INDIVIDUALLY, STACI BELEW, INDIVIDUALLY, DALLAS FIVE STAR

ROOFING, INC., AND WILLIAM E. ROTH, INDIVIDUALLY, Relators

MEMORANDUM OPINION

Opinion By Justice Fillmore

This case involves a consolidated original mandamus proceeding and interlocutory appeal.   The case was abated on November 19, 2009 due to the filing of bankruptcy by the Veranda parties.   The Court now has before it the parties' July 26, 2011 agreed motion to dismiss.   The parties state they have resolved all matters in controversy, the Veranda bankruptcy proceedings have been dismissed, all parties have nonsuited their claims in the trial court, and the case before us is now moot.   They ask that we dismiss the proceeding before us.   We grant the motion and dismiss the interlocutory appeal and the original mandamus proceeding.   See Tex.R.App. P. 42.1(a);  see also Harlow Land Co., Ltd. v. City of Melissa, 314 S.W.3d 713, 717 (Tex.App.—Dallas 2010, no pet.) (dismissing appeal as moot);  In re Metro.   Lloyds Ins. Co. of Tex., 227 S.W.3d 785, 786 (Tex.App.—Dallas 2006, orig. proceeding) (dismissing mandamus proceeding as moot).

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