In Re: State of Texas--Appeal from 4th District Court of Rusk County

NO. 12-05-00192-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

IN RE: THE STATE OF TEXAS ORIGINAL PROCEEDING

MEMORANDUM OPINION

On October 12, 2005, this Court delivered an opinion conditionally granting the petition for writ of mandamus filed by the State of Texas as relator. That opinion ordered the Honorable Clay Gossett, respondent, to vacate his order dated March 3, 2004 granting a petition for bill of review filed by Frank Stewart, real party in interest, and reinstate the amended forfeiture orders dated February 11, 2003 and March 25, 2003. Subsequently, on October 28, 2005, Judge Gossett signed an Order complying with this Court s order and opinion of October 12, 2005.

All issues attendant to this original proceeding having been disposed of, this mandamus proceeding has now been rendered moot; therefore, the writ need not issue. Accordingly, this original proceeding is dismissed.

DIANE DEVASTO

Justice

Opinion delivered October 31, 2005.

Panel consisted of Worthen, C.J., Griffith, J., and DeVasto, J.

(PUBLISH)