in Re Ivo Nabelek

Opinion

Opinion issued March 27, 2003

In The

Court of Appeals

For the

First District of Texas

____________

NO. 01-03-00225-CV

IN RE IVO NABELEK, Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION Relator has filed a petition for writ of mandamus complaining of Harris County District Clerk Charles Bacarisse's ⁽¹⁾ alleged refusal to process relator's July 23, 2002 notice of appeal. This Court has jurisdiction over this mandamus proceeding in order to enforce the Court's jurisdiction. See Tex. Gov't Code Ann. § 22.221(a) (Vernon Supp. 2003).

On March 18, 2003, the Clerk of this Court filed relator's July 23, 2002 notice of appeal and assigned it to appellate cause number 01-03-00253-CV. Accordingly, we dismiss the petition for writ of mandamus as moot.

PER CURIAM

Panel consists of Justices Hedges, Jennings, and Alcala.

1. The underlying lawsuit is

Nabelek v. Johnson, No. 2001-42336 (334th Dist. Ct., Harris County, Tex., July 5, 2002).