In Re: It's the Berry's, LLC--Appeal from 294th District Court of Van Zandt County

NO. 12-06-00298-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

IN RE: IT S THE BERRY S, LLC, ORIGINAL PROCEEDING

RELATOR

MEMORANDUM OPINION

PER CURIAM

On October 25, 2006, this Court delivered an opinion conditionally granting the petition for writ of mandamus filed by It s The Berry s as relator. That opinion ordered Respondent, the Honorable Teresa Drum, Judge of the 294th Judicial District Court of Van Zandt County, to (1) vacate her August 19, 2006 Order setting the amount of the bond necessary to supersede the monetary portion of the judgment signed on August 7, 2006 in favor of Edom Corner, LLC, real party in interest, and (2) issue an order setting the bond amount necessary to supersede the entire judgment. On October 26, 2006, Judge Drum signed an Order complying with this Court s order and opinion of October 25, 2006.

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.

Opinion delivered November 15, 2006.

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

(PUBLISH)