In Re: General Motors Corporation--Appeal from 1st District Court of San Augustine County

NO. 12-07-00387-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

IN RE: GENERAL MOTORS

ORIGINAL PROCEEDING

CORPORATION

MEMORANDUM OPINION

On February 29, 2008, this court delivered an opinion conditionally granting the petition for writ of mandamus filed by General Motors Corporation as relator. That opinion ordered Respondent, the Honorable Joe Bob Golden, Judge of the 1st Judicial District Court, San Augustine County, Texas, to vacate his order dated September 26, 2007 and to issue a written order setting the precise bounds of discovery.

On March 7, 2008, Respondent signed an order vacating his September 26, 2007 order. However, that order did not set the precise bounds of discovery. Instead, Respondent s March 7, 2008 order included the following paragraph:

The parties have reported to the Court that extensive conferences have occurred to resolve the issues regarding the scope of the discovery and the parties have requested another week to finalize those conferences in an attempt to resolve the issues by agreement. The Court hereby grants the joint request of the parties and orders the parties to continue to confer on the matter and report to the Court by March 14, 2008 with a status and whether further Court action on the issue is necessary.

Under the circumstances described in this paragraph, we consider Respondent s March 7, 2008 order to be in compliance with our February 29, 2008 opinion and order.

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.

BRIAN HOYLE

Justice

Opinion delivered March 12, 2008.

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

(PUBLISH)