Opinion issued January 8, 2004

In The

Court of Appeals  

For The  

First District of Texas  

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NO. 01-03-00662-CV

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IN RE TRICO MARINE SERVICES, INC., TRICO MARINE OPERATORS, INC., TRICO MARINE ASSETS, INC., TRICO SERVICES MARITIMOS, LTDA., TRICO MARINE INTERNATIONAL, INC., Relators

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Original Proceeding on Petition for Writ of Mandamus

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MEMORANDUM OPINION

          Relators, Trico Marine Services, Inc., Trico Marine Operators, Inc., Trico Marine Assets, Inc., Trico Services Maritimos, Ltda., Trico Marine International., Inc., have filed a petition for writ of mandamus complaining of the trial court’s March 24, 2003 order granting a motion to abate and to compel arbitration.

          Judge Work resigned as judge of the 189th District Court on March 31, 2003. On October 31, 2003, the governor appointed Judge William Burke as successor judge of the 189th District Court.

          The proceeding against Judge Work is moot. See Tex. R. App. P. 7.2(b); cf., State v. Olsen, 360 S.W.2d 402, 403 (Tex. 1962). Accordingly, we dismiss as moot the petition for writ of mandamus and the motion to strike or for leave to file supplemental briefing filed by the real-parties-in-interest, Stewart & Stevenson Technical Services, Inc. and GE Packaged Power, Inc. In the event that relators present their opposition to abating the underlying case and compelling arbitration to the successor judge, Judge Burke, and Judge Burke also abates and compels arbitration, relators may file another petition for writ of mandamus.

          PER CURIAM

Panel consists of Justices Taft, Nuchia, and Alcala.