Court of Appeals of Texas,

Austin.

David F. HENGES, M.D., Appellant,

v.

TEXAS WORKERS’ COMPENSATION COMMISSION, Medical Review Division; and Service Lloyds Insurance Company, Appellees.

No. 03-02-00468-CV.

|

Oct. 10, 2002.

From the District Court of Travis County, 200th Judicial District No. 97-12800; Darlene Byrne, Judge Presiding.

Attorneys & Firms

Dewey E. Helmcamp III, for Texas Workers’ Compensation Commission and Medical Review Division.

Paul D. Warren and Robert D. Stokes, for Service Lloyds Insurance Company.

Daniel W. Andrews, for David F. Henges, M.D.

Before Justices KIDD, B.A. SMITH and YEAKEL.

OPINION

LEE YEAKEL, Justice.

*1 The parties filed a joint motion to dismiss this appeal. The portion of the regulatory provision which this suit sought to challenge has been otherwise eliminated. Therefore, this appeal is moot. This Court lacks jurisdiction when an appeal is moot. State v. Ruiz Wholesale Co., 901 S.W.2d 772, 775 (Tex.App.-Austin 1995, no writ).

The joint motion of the parties is granted, and this appeal is dismissed for want of jurisdiction.