In Re Scheller

 SEQ CHAPTER \h \r 1IN THE SUPREME COURT OF TEXAS   ════════════ No. 09-0387 ════════════     Carol Severance, Petitioner,   v.   Jerry Patterson, Commissioner of the Texas General Land Office; Greg Abbott, Attorney General for the State of Texas; and Kurt Sistrunk, District Attorney for the County of Galveston, Texas, Respondents   ════════════════════════════════════════════════════ Certified Question on Appeal from the United States District Court for the Southern District of Texas ════════════════════════════════════════════════════      PER CURIAM               Chief Justice Jefferson did not participate in the decision.                 Pursuant to article V, section 3-c of the Texas Constitution and Texas Rule of Appellate Procedure 58.1, this Court agreed to answer questions of state law certified from the United States Court of Appeals for the Fifth Circuit. We issued the opinion on November 5, 2010. We later granted rehearing. While rehearing was pending, Appellant Carol Severance sold the property at issue to the City of Galveston in a Federal Emergency Management Agency buyout program for homes damaged by Hurricane Ike.

Appellees contend that Severance’s sale of the real property renders moot both the underlying lawsuit and our consideration of the certified questions on rehearing, and warrants vacating the original opinion. Severance disputes these contentions. The parties have notified the United States Court of Appeals for the Fifth Circuit of the sale.             The determination whether the federal lawsuit is moot must be made by the Fifth Circuit. We abate our consideration on rehearing of the certified questions pending this mootness determination.   OPINION DELIVERED:  July 29, 2011