Opinion issued May 9, 2003

In The

Court of Appeals

For the

First District of Texas

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NO. 01-03-00353-CV

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IN RE JOHN W. CLARK III D/B/A CELTIC CONSTRUCTORS, Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION Relator John W. Clark III d/b/a Celtic Constructors has filed a petition for a writ of mandamus complaining of Judge Johnson's ⁽¹⁾ March 17, and March 27, 2003 orders denying Clark's motion for partial summary judgment and plea in abatement.

On March 26, 2003, Governor Rick Perry appointed Kent C. Sullivan as judge of the 80th District. Judge Johnson was not sitting for Judge Sullivan when she denied the motion for partial summary judgment, and there is no evidence in the mandamus record that Judge Johnson was sitting for Judge Sullivan when she denied the plea in abatement. This mandamus proceeding against Judge Johnson is, therefore, moot. See generally State v. Olsen, 360 S.W.2d 402, 403 (Tex. 1962) (writ of mandamus will not issue against successor judge); Hoggard v. Snodgrass, 770 S.W.2d 577, 588 (Tex. App.--Dallas 1989, orig. proceeding) (because visiting judge sits for permanent judge, visiting judge's rulings are rulings of permanent judge).

We dismiss the petition for a writ of mandamus.

PER CURIAM

Panel consists of Justices Hedges, Jennings, and Alcala.

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