in Re: Kimberly Calderon

NO. 12-02-00228-CV



IN THE COURT OF APPEALS



TWELFTH COURT OF APPEALS DISTRICT



TYLER, TEXAS





§





IN RE: KIMBERLY CALDERON,§ ORIGINAL PROCEEDING

RELATOR



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MEMORANDUM OPINION

PER CURIAM

On February 5, 2003, this court delivered an opinion conditionally granting the petition for writ of mandamus filed by Kimberly Calderon as Relator. That opinion ordered Respondent to transfer the underlying proceeding to Bexar County. On March 4, 2003, David Holiday, Real Party in Interest, filed a motion for an emergency stay of this court's order and a petition for writ of mandamus in the Texas Supreme Court. The motion for emergency stay was granted. On May 1, 2003, Holiday's petition for writ of mandamus was denied, and the stay order was lifted. On May 12, 2003, the trial court signed an order complying with this court's order and opinion of February 5, 2003.

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 May 14, 2003.

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







(PUBLISH)















COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT OF TEXAS

JUDGMENT



MAY 14, 2003



NO. 12-02-00228-CV



IN RE: KIMBERLY CALDERON,

RELATOR





ORIGINAL PROCEEDING

Appeal from the 321st Judicial District Court

of Smith County, Texas. (Tr.Ct.No. 93-0235-E/D)





IN AS MUCH as Respondent, the Honorable Carole Clark, Judge of the 321st Judicial District Court of Smith County has entered an order that disposes of all issues attendant to this original proceeding, this court is of the opinion that the proceeding should be and hereby is dismissed this 14th day of May, 2003.

By per curiam opinion.

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