in Re Travelers Life & Annuity Company

• Court: Court of Appeals of Texas
• Decided: December 22, 2008
• Docket: 01-05-00905-CV
• Status: Published

Opinion

Opinion issued December 22, 2008

In The

Court of Appeals

For the

First District of Texas

____________

NO. 01-05-00905-CV

IN RE TRAVELERS LIFE & ANNUITY COMPANY, Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION Relator has filed a petition for writ of mandamus complaining of Judge Gary Michael Block's ⁽¹⁾ September 15, 2005 order requiring relator to certify that it has "no actual knowledge of any prior transfers" by Cynthia Boultinghouse of her right to receive payments from a structured settlement annuity issued by relator. Judge Block is no longer judge of County Civil Court at Law No. 2.

On September 14, 2007, this Court abated this case pursuant to Texas Rule of Appellate Procedure 7.2(b). No party has notified this Court that the successor judge has reconsidered the matter. Accordingly, the case is reinstated and dismissed as moot. Cf. State v. Olsen, 360 S.W.2d 402, 403 (Tex. 1962).

PER CURIAM

Panel consists of Justices Taft, Nuchia, and Alcala.

1. The Honorable Gary Michael Block, former judge of County Civil Court at Law Number 2 of Harris County, Texas. The underlying lawsuit is In the Matter of: A Transfer of Structured Settlement Payment Rights by Cynthia Knight a/k/a Cynthia Jean Boultinghouse, No. 828302 (County Civ. Ct. at Law No. 2, Harris County, Tex.).