NO. 12-04-00162-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

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IN RE: R & R PERSONNEL 

SPECIALISTS OF TYLER, INC.,                   §     ORIGINAL PROCEEDING

RELATOR

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MEMORANDUM OPINION

            On August 18, 2004, this Court delivered an opinion conditionally granting the petition for writ of mandamus filed by R & R Personnel Specialists of Tyler, Inc. as relator. In re R & R Personnel Specialists of Tyler, Inc., 12-04-00162-CV, 2004 WL 1854141 (Tex. App.–Tyler August 18, 2004, orig. proceeding). That opinion ordered Respondent to vacate its order dated January 30, 2004 denying Relator’s motion to compel arbitration and to enter an order granting Relator’s motion. On September 2, 2004, Respondent furnished this Court with evidence of his compliance with our August 18 opinion.

            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.

                                                                                                     DIANE DEVASTO

                                                                                                               Justice

Opinion delivered September 8, 2004.

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

(PUBLISH)