IN RE: HIGHLAND PINES NURSING

HOME LTD. D/B/A HIGHLAND PINES

NURSING & REHABILITATION CENTER,

RELATOR

On January 21, 2004, this court delivered an opinion conditionally granting the petition for writ of mandamus filed by Highland Pines Nursing Home Ltd. d/b/a Highland Pines Nursing & Rehabilitation Center as relator. That opinion ordered Respondent to vacate its order signed on May 20, 2003 denying Relator's motion to dismiss and enter an order consistent with our opinion. On February 4, 2004, this court received an order from the trial court that complied with our order and opinion of January 21, 2004.

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 as moot.

Opinion delivered February 11, 2004.

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