In Re: Jerry Bain--Appeal from 188th District Court of Gregg County

NO. 12-04-00213-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

IN RE: JERRY BAIN, ORIGINAL PROCEEDING

RELATOR

MEMORANDUM OPINION

On August 11, 2004, this Court delivered an opinion conditionally granting the petition for writ of mandamus filed by Jerry Bain as relator. That opinion ordered Respondent to vacate the portions of its Order signed on June 18, 2004 requiring Bain to produce (1) redacted fee statements or invoices from the Buford divorce and (2) a sworn statement containing the total amount of time expended and attorney s fees billed by Bain and his law firm in the Buford divorce (a) for the time that R. L. Whitehead was also an attorney of record in the Buford divorce proceeding and (b) from the time Bain was hired through March 10, 1998. Subsequently, on August 23, 2004, Judge Banner signed an Order complying with this Court s order and opinion of August 11, 2004.

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.

SAM GRIFFITH

Justice

Opinion delivered August 31, 2004.

Panel consisted of Griffith, J. and Bass, Retired Justice, Twelfth Court of Appeals, Tyler, sitting by assignment.

(PUBLISH)