Opinion issued January 22, 2004

In The

Court of Appeals

For the

First District of Texas

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NO. 01–03–00979–CV

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IN RE LEONARD CRUSE D/B/A CRUSE & ASSOCIATES, Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINIONRelator Leonard Cruse d/b/a Cruse & Associates has filed a petition for a writ of mandamus complaining of Judge Venso’s June 26, 2003 order denying Cruse’s motion to withdraw original trial exhibits.

          On September 22, 2003, Judge Venso recused herself from further proceedings in the underlying lawsuit. This mandamus proceeding against Judge Venso is, therefore, moot.

          Accordingly, we dismiss as moot the petition for a writ of mandamus. All pending motions are denied.

PER CURIAM

Panel consists of Chief Justice Radack and Justices Jennings and Higley.