NO. 12-07-00245-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

§          APPEAL FROM THE 4TH

IN RE: RUSK ENERGY, LTD.,

RELATOR     §          JUDICIAL DISTRICT COURT OF

§          RUSK COUNTY, TEXAS

MEMORANDUM OPINION

            On January 31, 2008, this court delivered an opinion conditionally granting the petition for writ of mandamus filed by Rusk Energy, Ltd. as relator.  That opinion ordered Respondent, the Honorable Clay Gossett, Judge of the 4th Judicial District Court of Rusk County, Texas, to vacate the portion of his order dated December 15, 2006 requiring a $100,000 bond from Rusk and enter an order directing the district clerk to release the deposited funds to Rusk.  On February 12, 2008, Respondent signed an order complying with this court’s order and opinion of January 31, 2008.

            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.

                                                                                                     SAM GRIFFITH   

                                                                                                              Justice

Opinion delivered February 13, 2008.

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

(PUBLISH)