In Re: John R. Smith--Appeal from 123rd District Court of Shelby County

NO. 12-03-00338-CV
IN THE COURT OF APPEALS
TWELFTH COURT OF APPEALS DISTRICT
TYLER, TEXAS

IN RE: JOHN R. SMITH,

 
ORIGINAL PROCEEDING

RELATOR

 
MEMORANDUM OPINION

On October 15, 2003, Relator John R. Smith filed a petition for writ of mandamus complaining of a severance order in trial court cause number 95D-24,504 and a trial setting in the severed cause (trial court cause number 02CV-27,360). In his petition, Smith calls our attention to an appeal pending in this court (appellate cause number 12-03-00137-CV) in which he contends that the severance was improper. He therefore seeks an order requiring the trial court to withdraw its severance order and to stay the trial of the severed cause until this court issues an opinion in Smith's appeal.

On October 29, 2003, Real Party in Interest Barbara Ann Smith Sanderson filed a response to Smith's petition. Attached to her response is a certified copy of an order signed by the trial court on October 23, 2003 continuing the trial of cause number 02CV-27,360 pending judgment of this court in cause number 12-03-00137-CV. This order renders Smith's petition moot. Accordingly, the petition is dismissed.

SAM GRIFFITH

Justice

Opinion delivered October 31, 2003.

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

 
(PUBLISH)