NO. 12-06-00040-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

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IN RE: CHRISTOPHER ALLAN, M.D.     §          ORIGINAL PROCEEDING

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MEMORANDUM OPINION

            On April 27, 2006, this Court delivered an opinion conditionally granting the petition for writ of mandamus filed by Christopher Allan, M.D. as relator.  That opinion ordered Respondent, the Honorable Kerry L. Russell, Judge of the 7th Judicial District Court of Smith County, to vacate his Order denying Dr. Allan’s petition for Rule 202 depositions.  On May 10, 2006, Judge Russell signed an Order complying with this Court’s order and opinion of April 27, 2006.

            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.

                                                                                                     JAMES T. WORTHEN   

                                                                                                                 Chief Justice

Opinion delivered May 17, 2006.

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

DeVasto, J., not participating.

(PUBLISH)