NO. 12-06-00349-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

§         

IN RE: NEXION HEALTH AT OAK

MANOR, INC. D/B/A OAK MANOR          §          ORIGINAL PROCEEDING

NURSING HOME,

RELATOR     §

MEMORANDUM OPINION

            On January 16, 2008, this court delivered an opinion conditionally granting the petition for writ of mandamus filed by Nexion Health at Oak Manor, Inc. d/b/a Oak Manor Nursing Home.  That opinion ordered Respondent, the Honorable Campbell Cox II, Judge of the 145th Judicial District Court, Nacogdoches, County, Texas, to vacate his order dated August 8, 2006 denying Nexion’s motion to dismiss and to sign an order granting such motion.  Subsequently, on January 17, 2008, Respondent signed an order complying with this court’s order and opinion of January 16, 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.

                                                                                                     BRIAN HOYLE   

                                                                                                               Justice

Opinion delivered January 23, 2008.

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

(PUBLISH)