Opinion
No. 01-03-00061-CV.
Opinion issued March 6, 2003.
Original Proceeding on Petition for Writ of Mandamus.
Panel consists of Justices HEDGES, JENNINGS, and ALCALA.
MEMORANDUM OPINION
Relator has filed a petition for writ of mandamus complaining of Judge Dale Wainwright's January 2, 2003 order granting in part and denying in part relator's motion to compel discovery of documents. Relator has also filed (1) a motion to order the district clerk to file original documents with the Clerk of this Court and (2) a motion for temporary relief to stay the underlying proceedings.
The Honorable J. Dale Wainwright, former judge of the 334th District Court of Harris County, Texas. The underlying lawsuit is Magid Glove Safety Mfg. Co. v. Payne, No. 2001-48855 (334th Dist. Ct., Harris County, Tex.).
Judge Wainwright has resigned as judge of the 334th District Court after his election as a justice on the Texas Supreme Court. To date, the governor has not appointed a successor judge to the 334th District Court.
Because the proceeding against Judge Wainwright is moot and it is uncertain when a successor will be appointed, we dismiss as moot the petition for writ of mandamus and the motions to file original documents and to stay proceedings. Cf. State v. Olsen, 360 S.W.2d 402, 403 (Tex. 1962). Relator may present its motion to compel discovery of documents to the successor judge, and if that judge also denies discovery, relator may file another petition for writ of mandamus.