In Re: John M. O'Quinn, P.C. d/b/a O'Quinn & Laminack, John M. O'Quinn & Associates, A Texas General Partnership, John M. O'Quinn & Associates, L.L.P. d/b/a O'Quinn & Laminack, John M. O'Quinn Law Firm, P.L.L.C., and O'Quinn & Laminack--Appeal from 4th District Court of Rusk County

NO. 12-02-00352-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

IN RE: JOHN M. O QUINN, P.C. ORIGINAL PROCEEDING

MEMORANDUM OPINION

PER CURIAM

On June 25, 2003, we granted mandamus relief and ordered the trial court to vacate its November 4, 2002 order requiring that class certification issues in the underlying proceeding be determined by the arbitrator. In re John M. O Quinn, P.C., No. 12-02-00352-CV, 2003 WL 21468619 (Tex. App. Tyler June 25, 2003). By opinion dated July 9, 2004, the Texas Supreme Court reversed the judgment of this Court and granted mandamus relief. In re Wood, No. 03-0754, 2004 WL 1535237 (Tex. July 9, 2004). Accordingly, we hereby vacate our opinion and corresponding order dated June 25, 2003.

Opinion delivered July 15, 2004.

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

(PUBLISH)