in Re: Allstate County Mutual Insurance Company

Opinion

                NO. 12-06-00164-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

§         

IN RE: ALLSTATE COUNTY MUTUAL

INSURANCE COMPANY, §          ORIGINAL PROCEEDING

RELATOR

MEMORANDUM OPINION

PER CURIAM

            On November 15, 2006, this Court delivered an opinion conditionally granting in part the petition for writ of mandamus filed by Allstate County Mutual Insurance Company.  That opinion ordered Respondent, the Honorable Bascom W. Bentley, III, Judge of the Second Judicial District Court, Cherokee County, Texas, to vacate his order dated May 3, 2006 denying Allstate’s motion to sever the contractual claims of Brandi M. Driskell from her extracontractual claims.  On December 12, 2006, Respondent signed an Order complying with this Court’s order and opinion of November 15, 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 December 20, 2006.

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

(PUBLISH)