Petition for Writ of Mandamus Dismissed and Memorandum Opinion filed July 23, 2009.
In The
Fourteenth Court of Appeals
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NO. 14-09-00612-CV
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IN RE MICHAEL KENNEDY, Relator
ORIGINAL PROCEEDING
WRIT OF MANDAMUS
M E M O R A N D U M O P I N I O N
On July 13, 2009, relator filed a petition for writ of mandamus in this court. See Tex. Gov=t Code Ann. ' 22.221 (Vernon 2004); see also Tex. R. App. P. 52. In the petition, relator asks this court to compel the Honorable Sharon McCally, presiding judge of the 334th District Court of Harris County, and the Harris County District Clerk to send him a copy of the record in his appeal.
Relator=s appeal is pending in this court in case no. 14-09-00377-CV, styled Michael Kennedy v. Turner Industries Group, LLC and Wayne Baird, from trial court cause number 2008-55576 in the 334th District Court of Harris County, Texas. On May 21, 2009, this court granted relator=s motion to proceed in his appeal without advanced payment of costs, and ordered the Harris County District Clerk to prepare and file the clerk=s record. The clerk=s record was filed on June 10, 2009. There was no reporter=s record taken in the underlying case. On July 3, 2009, a copy of the clerk=s record was mailed to appellant.[1] Therefore, relator=s claims for relief have been rendered moot.
Accordingly, we dismiss relator=s petition for writ of mandamus.
PER CURIAM
Panel consists of Chief Justice Hedges and Justices Yates and Frost.
[1] Appellant=s petition is dated July 3, 2009, so he had not yet received the copy of the record that was mailed that day at the time he initiated this latest action. In addition, appellant had not yet received notice of the dismissal of his previous petitions seeking the same relief, filed in our case numbers 14-09-00553-CV and 14-09-00578-CV, both of which were issued on July 9, 2009.