IN THE
TENTH COURT OF APPEALS
No. 10-08-00065-CV
In re James Edwin Peeler
Original Proceeding
MEMORANDUM Opinion
The petition for writ of mandamus is denied. The motion to dismiss of real-party-in-interest Baylor University is dismissed as moot.
BILL VANCE
Justice
Before Chief Justice Gray,
Justice Vance, and
Justice Reyna
(Chief Justice Gray concurs with the judgment with the following note: I agree with the arguments made in Baylor’s motion to dismiss that because a final judgment has now been rendered in the underlying proceeding, Peeler has an adequate remedy by direct appeal. The petition for writ of mandamus is thus properly denied.)
Petition denied; motion to dismiss dismissed as moot
Opinion delivered and filed March 12, 2008
[OT06]
une 30, 2011, the Clerk of this Court notified Phillippi that pursuant to Rules 38.8(a)(1) and 42.3 of the Texas Rules of Appellate Procedure, the Court would dismiss these appeals for want of prosecution unless, within 21 days of the date of the letter, a brief was filed in each of these appeals. Phillippi was further warned that if no briefs were filed by 5:00 p.m. on July 21, 2011, these appeals would be dismissed. Tex. R. App. P. 42.3(b). No briefs were filed by the 5:00 p.m. deadline.
Accordingly, these appeals are dismissed.
TOM GRAY
Chief Justice
Before Chief Justice Gray,
Justice Davis, and
Justice Scoggins
Appeal dismissed
Opinion delivered and filed August 3, 2011
Do not publish
[CV06]