In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-06-517 CV
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IN RE TODD MITCHELL
In a mandamus petition, Todd Mitchell sought relief from the trial court's order granting the State's motion to strike Mitchell's expert witness. After Mitchell filed his petition, the parties proceeded to trial. Mitchell did not respond to suggestion of mootness raised by the real party in interest. Mitchell filed notice of appeal from the judgment, and we docketed Appeal No. 09-07-002 CV, In re Commitment of Todd Mitchell. Under these circumstances, appeal is an adequate remedy. The petition for writ of mandamus is denied without regard to the merits of the issues raised in the petition.
WRIT DENIED.
PER CURIAM
Opinion Delivered January 18, 2007
Before McKeithen, C.J., Gaultney and Horton, JJ.