in Re: The State of Texas

Opinion

NO. 12-02-00161-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

§ APPEAL FROM THE

IN RE: THE STATE OF TEXAS,

§ COUNTY COURT AT LAW NO. 2 OF

§ SMITH COUNTY, TEXAS

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PER CURIAM

On September 18, 2002, this Court delivered an opinion conditionally granting the Petition for Writ of Mandamus filed by the State of Texas as Relator. That opinion ordered Respondent to modify its Amended Order Approving Bill of Costs of Special Commissioners dated August 20, 2002 to delete all language requiring that the State make payment to the Commissioners within a certain period of time. Subsequently, on October 18, 2002, this Court received an order from the trial court that complied with this Court's order and opinion of September 18, 2002.

All issues attendant to this original proceeding having been disposed of, this mandamus proceeding have now been rendered moot; therefore, the writ need not issue. Accordingly, this original proceeding is dismissed.

Opinion delivered October 23, 2002.

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

(DO NOT PUBLISH)