In Re: Joseph Michael Martel, Sr.--Appeal from 321st District Court of Smith County

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)