Opinion issued May 12, 2003
In The
Court of Appeals
For the
First District of Texas
____________
NO. 01-03-00448-CV
____________
IN RE EVANSTON INSURANCE COMPANY, Relator
Original Proceeding on Petition for Writ of Mandamus
MEMORANDUM OPINION Relator Evanston Insurance Company has filed a petition for a writ of mandamus complaining of Judge Jeff Work's (1) February 17, 2003 order denying relator's motion to compel production of documents.
Judge Work has resigned as judge of the 189th District Court. To date, the governor has not appointed a successor judge to the 189th District Court.
Because the proceeding against Judge Work is moot and it is uncertain when a successor will be appointed, we dismiss as moot the petition for a writ of mandamus. Cf. State v. Olsen, 360 S.W.2d 402, 403 (Tex. 1962). Relator may present its motion to compel production of documents to the successor judge, and if that judge also denies the motion, relator may file another petition for writ of mandamus.
PER CURIAM
Panel consists of Chief Justice Radack and Justices Alcala and Higley.
1. The Honorable Jeff Work, former judge of the 189th District Court of Harris
County, Texas. The underlying lawsuit is