in Re Gerald J. Durden

• Court: Court of Appeals of Texas
• Decided: March 19, 2009
• Docket: 14-08-00962-CR
• Status: Published

Opinion

Motion to Reinstate Granted and Abatement Lifted, Petition for Writ of Mandamus Denied as Moot, and Memorandum Opinion filed March 19, 2009

Motion to Reinstate Granted and Abatement Lifted, Petition for Writ of Mandamus Denied as Moot, and Memorandum Opinion filed March 19, 2009.

In The

Fourteenth Court of Appeals

____________

NO. 14-08-00962-CR

IN RE GERALD J. DURDEN, Relator

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

M E M O R A N D U M   O P I N I O N

On October 17, 2008, relator Gerald J. Durden filed a petition for writ of mandamus against Theresa Chang, the former district clerk of Harris County.  Relator contends that the district clerk abused her discretion by failing to forward his notice of appeal to the appropriate appellate court.  Because the filing of a notice of appeal invokes our jurisdiction, we have jurisdiction to consider relator=s mandamus petition.  See Tex. Gov=t Code Ann. ' 22.221(a) (Vernon 2004); In re Washington, 7 S.W.3d 181, 182 (Tex. App.CHouston [1st Dist.] 1999, orig. proceeding).

During the pendency of this proceeding, Chang left office and was replaced by Loren Jackson, the current Harris County district clerk.  On December 17, 2008, we abated this case to permit Jackson to consider relator=s request for relief.  See Tex. R. App. P. 7.2(b).  On January 30, 2009, Jackson notified us that his office has located and filed relator=s August 19, 2008 notice of appeal.  The Clerk of this Court has assigned relator=s notice of appeal to appellate cause number 14-09-00120-CR.

Accordingly, we grant relator=s motion to reinstate, and lift our earlier abatement order.  We deny relator=s mandamus petition as moot.

PER CURIAM

Panel consists of Justices Yates, Seymore, and Boyce.

Do Not Publish.  Tex. R. App. P. 47.2(b).