In re James Edwin Peeler--Appeal from 170th District Court of McLennan County

IN THE

TENTH COURT OF APPEALS

No. 10-08-00065-CV

In re James Edwin Peeler

Original Proceeding

MEMORANDUM Opinion

The petition for writ of mandamus is denied. The motion to dismiss of real-party-in-interest Baylor University is dismissed as moot.

BILL VANCE

Justice

Before Chief Justice Gray,

Justice Vance, and

Justice Reyna

(Chief Justice Gray concurs with the judgment with the following note: I agree with the arguments made in Baylor s motion to dismiss that because a final judgment has now been rendered in the underlying proceeding, Peeler has an adequate remedy by direct appeal. The petition for writ of mandamus is thus properly denied.)

Petition denied; motion to dismiss dismissed as moot

Opinion delivered and filed March 12, 2008

[OT06]