Opinion
No. 01-03-00294-CV.
Opinion issued April 24, 2003.
Original Proceeding on Petition for Writ of Mandamus.
Panel consists of Justices HEDGES, JENNINGS, and ALCALA.
MEMORANDUM OPINION
Relator has filed (1) a motion for leave to file a petition for writ of mandamus and (2) a petition for writ of mandamus complaining of Judge Jeff Work's March 14, 2003 order denying relator's motion to compel arbitration.
The Honorable Jeff Work, former judge of the 189th District Court of Harris County, Texas. The underlying lawsuit is Corporate Strategies, Inc. v. Nevada Gold Casinos, No. 2002-22278 (189th Dist. Ct., Harris County, Tex.).
Judge Work has resigned as judge of the 189th District Court. To date, the governor has not appointed a successor judge to the 189th District Court.
Because the proceeding against Judge Work is moot and it is uncertain when a successor will be appointed, we dismiss as moot both (1) the motion for leave to file a petition for writ of mandamus and (2) the petition for writ of mandamus. Cf. State v. Olsen, 360 S.W.2d 402, 403 (Tex. 1962). Relator may present its motion to compel arbitration to the successor judge, and if that judge also denies the motion, relator may file another petition for writ of mandamus.
After the 1997 amendments to the Texas Rules of Appellate Procedure, it is no longer necessary to file a motion for leave to file an original proceeding. See Tex.R.App.P. 52 notes cmts.