NO. 12-04-00112-CV
IN THE COURT OF APPEALS
TWELFTH COURT OF APPEALS DISTRICT
TYLER, TEXAS
§
IN RE: JOSEPH MICHAEL
MARTEL, SR., § ORIGINAL PROCEEDING
RELATOR
§
MEMORANDUM OPINION
Relator Joseph Michael Martel, Sr. seeks a writ of mandamus ordering the trial court to vacate an amended temporary order requiring Relator to pay $19,925.00 in interim attorney’s fees for the real party in interest, Jane Martel. Along with his mandamus petition, Relator filed a motion for emergency relief seeking a stay of the hearing on Real Party’s motion for enforcement of the challenged order set for April 7, 2004, at 3:30 p.m.
Relator’s motion for emergency relief was not timely filed. Furthermore, Real Party has informed this Court that Relator has paid the interim attorney’s fees as ordered by the trial court. Accordingly, Relator’s motion for emergency relief and petition for writ of mandamus are denied as moot.
JAMES T. WORTHEN
Chief Justice
Opinion delivered April 21, 2004.
Panel consisted of Worthen, C.J. and DeVasto, J.
Griffith, J., not participating.
(PUBLISH)