Opinion
No. 11429.
March 10, 1977. Rehearing Denied April 16, 1977.
APPEAL FROM 19TH JUDICIAL DISTRICT COURT, PARISH OF EAST BATON ROUGE; HONORABLE MELVIN A. SHORTNESS, JUDGE.
Don T. W. Phelps and Anthony J. Clesi, Baton Rouge, for plaintiff-relator.
Bart Eaton and D. Bert Garraway, Baton Rouge, for plaintiff-respondent.
Before ELLIS, CHIASSON and PONDER, JJ.
On application of Better Business Bureau of Baton Rouge Area, Inc. and St. Paul Fire and Marine Insurance Company, we issued on March 1, 1977, alternate writs of mandamus, certiorari and prohibition commanding the lower court to hear and rule on the pending motion for a new trial or in the alternative the court and Economy Carpets, etc. should show cause why the writ should not be made peremptory. Because of our decision dismissing plaintiff's appeal in Economy Carpets Manufacturers and Distributors, Inc. v. Better Business Bureau of Baton Rouge Area, Inc., et al. 346 So.2d 727, these writs have become moot. the alternative writs are therefore recalled.