in Re: Energy Transfer Fuel, LP

Opinion

                NO. 12-07-00248-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

§         

IN RE: ENERGY TRANSFER

FUEL, LP,     §          ORIGINAL PROCEEDING

RELATOR

MEMORANDUM OPINION

            On March 19, 2008, this court delivered an opinion conditionally granting the petition for writ of mandamus filed by Energy Transfer Fuel, LP as relator.  That opinion ordered Respondent, the Honorable Deborah Oakes Evans, sitting in the 3rd Judicial District Court, Anderson County, Texas, to vacate the Final Judgment and Decree of Condemnation dated March 24, 2006 and enter a judgment adopting the Award of Special Commissioners entered on February 17, 2006.  Subsequently, on March 27, 2008, Respondent signed a judgment complying with this court’s order and opinion of March 19, 2008.

            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.

                                                                                                     JAMES T. WORTHEN   

                                                                                                                 Chief Justice

Opinion delivered March 31, 2008.

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

(PUBLISH)