I. J. Moore, Jr., Relator v. Honorable Bryan Coday, Official Court Reporter, 40th District Court, Ellis County, Texas, Respondent--Appeal from of County

NO. 10-91-049-CV

IN THE

COURT OF APPEALS

FOR THE

TENTH DISTRICT OF TEXAS

AT WACO

* * * * * * * * * * * * *

I. J. MOORE, JR.,

Relator

v.

HONORABLE BRYAN CODAY, OFFICIAL COURT

REPORTER, 40TH DISTRICT COURT, ELLIS

COUNTY, TEXAS,

Respondent

* * * * * * * * * * * * *

Original Proceeding

* * * * * * *

MEMORANDUM OPINION

* * * * * * *

We granted leave to file the petition for writ of mandamus to compel the court reporter to prepare the statement of facts in a criminal case pending in this court and set a hearing for April 25, 1991. On April 22, the statement of facts was received and the hearing was postponed so that the attorneys could review the statement of facts.

After review, the statement of facts was filed as of the date of its reception. We dismiss this proceeding as moot.

PER CURIAM

Before Chief Justice Thomas,

Justice Cummings and

Justice Vance

Dismissed

Opinion delivered and filed July 11, 1991

Do not publish