In Re: Home State County Mutual Insurance Company--Appeal from 273rd District Court of Sabine County

NO. 12-07-00062-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

IN RE: HOME STATE COUNTY

MUTUAL INSURANCE COMPANY, ORIGINAL PROCEEDING

RELATOR

MEMORANDUM OPINION

On May 16, 2007, this court delivered an opinion conditionally granting the petition for writ of mandamus filed by Home State County Mutual Insurance Company. That opinion ordered Respondent to vacate his order signed on December 8, 2006 granting a motion to sever filed by George Horn, Jr., real party in interest, in which Horn requested severance of his Stowers cause of action. The opinion further ordered Respondent to issue an order denying Horn s motion to sever the Stowers claim and reconsolidating the two causes into one cause. Subsequently, on May 24, 2007, Respondent signed an order complying with this court s opinion and order of May 16, 2007.

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.

BRIAN HOYLE

Justice

Opinion delivered June 6, 2007.

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

(PUBLISH)