in Re Michael Kennedy

Petition for Writ of Mandamus Dismissed as Moot and Memorandum Opinion filed July 9, 2009

 

Petition for Writ of Mandamus Dismissed as Moot and Memorandum Opinion filed July 9, 2009.

 

 

In The

 

Fourteenth Court of Appeals

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NO. 14-09-00553-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 June 19, 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 asked this court to compel the Honorable Sharon McCally, presiding judge of the 334th District Court of Harris County, to grant relator an appellate record without costs.

Appellant=s pending appeal is in this court=s case number 14-09-00377-CV.  The appellate record in this case consists only of a clerk=s record.  This clerk=s record was filed without cost to relator on June 10, 2009.  A copy of this record was forwarded to relator on July 3, 2009. 


Therefore, relator has not been denied a free record in his appeal.  Because the clerk=s record has been filed in our court, free of charge to relator, and a copy has been forwarded to relator, relator=s claim for relief in his petition for writ of mandamus has now been rendered moot.  Accordingly, we dismiss as moot relator=s petition for writ of mandamus.

 

PER CURIAM

 

Panel consists of Chief Justice Hedges and Justices Yates, and Frost.