In Re: Donna M. Parrish--Appeal from 173rd District Court of Henderson County

NO. 12-06-00365-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

IN RE: DONNA M. PARRISH, ORIGINAL PROCEEDING

RELATOR

MEMORANDUM OPINION

PER CURIAM

On October 23, 2006, Donna M. Parrish filed this original mandamus proceeding seeking relief from the trial court s order denying Parrish s combined motion to reopen the discovery period, continue the trial, and enter a Level 3 discovery control plan.1 Parrish also requested that this Court enter an emergency stay of the trial, which was denied.

Parrish s attorney subsequently notified this Court that the matter proceeded to trial and the trial court granted the motion for directed verdict filed by the real parties in interest. A final judgment was signed on November 6, 2006, which rendered this proceeding moot. Accordingly, this proceeding is dismissed as moot.

Opinion delivered November 15, 2006.

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

(PUBLISH)

1 The respondent is the Honorable Dan Moore, Judge of the 173rd Judicial District Court, Henderson County, Texas. The real parties in interest are East Texas Medical Center Athens and East Texas Medical Center Regional Healthcare System.