In re The Honorable Joe Frazier Brown, Jr.--Appeal from of County

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i i i i i i MEMORANDUM OPINION No. 04-08-00366-CV IN RE The Honorable Joe Frazier BROWN, Jr. Original Mandamus Proceeding Opinion by: Alma L. LÃ³pez, Chief Justice Sitting: Alma L. LÃ³pez, Chief Justice Catherine Stone, Justice Phylis J. Speedlin, Justice Delivered and Filed: July 14, 2008 PETITION FOR WRIT OF MANDAMUS DISMISSED AS MOOT On May 28, 2008, relator, the Honorable Joe Frazier Brown, Jr., filed an original petition requesting a writ of mandamus to compel the respondent, the Honorable Boyd L. Richie, Chairman of the Texas Democratic Executive Committee, to declare Democratic nominee Lauro A. Bustamante, Jr. ineligible for the office of judge of the 57th District Court, Bexar County, Texas. See TEX . ELEC. CODE ANN . §§145.003, 161.009, 273.061 (Vernon 2003). This court determined the petition presented a serious question concerning the relief sought and requested a response. See TEX . R. APP . P. 52.8(b)(1). 04-08-00366-CV On June 23, 2008, respondent filed a motion to dismiss relator s mandamus petition as moot. Attached to the motion is a letter showing respondent has declared Bustamante ineligible to be the Democratic nominee for the office of state district court judge. We are of the opinion respondent s motion to dismiss should be granted. Accordingly, the motion is granted, and the petition for a writ of mandamus is dismissed as moot. Alma L. LÃ³pez, Chief Justice -2-

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