in Re: Tyson Foods, Inc.

In The Court of Appeals

Sixth Appellate District of Texas at Texarkana

_________________________

No. 06-12-00104-CV ______________________________

IN RE: TYSON FOODS, INC. Original Mandamus Proceeding

Before Morriss, C.J., Carter and Moseley, JJ.

Memorandum Opinion by Justice Carter

MEMORANDUM OPINION

Relator Tyson Foods, Inc., has filed a petition for writ of mandamus asking this Court to direct the County Court at Law of Panola County to vacate its order granting a motion for protection and quashing the deposition of Texas Department of Public Safety Officer Billy Wallace.

Wallace’s deposition was noticed in connection with trial court cause number 2010- 00477, which was scheduled for a jury trial on November 5. In connection with the instant petition, Tyson filed a motion to stay the trial on November 2 pending determination of the petition for writ of mandamus. On November 2, this Court overruled Tyson’s motion to stay the trial.

The intervening resolution of trial court cause number 2010-00477 has rendered Tyson’s petition for writ of mandamus moot.1

Accordingly, the petition for writ of mandamus is denied.

Jack Carter Justice

Date Submitted: November 15, 2012 Date Decided: November 16, 2012