Opinion
No. 05-07-00212-CV
Opinion issued March 22, 2007.
Original Proceeding from the County Court at Law No. 1 Dallas County, Texas, Trial Court Cause No. CC-05-12681-A.
Before Justices MOSELEY, BRIDGES, and FRANCIS.
Opinion By Justice MOSELEY.
MEMORANDUM OPINION
Relator seeks mandamus relief asking us to order the trial court to act on her affidavit of indigence filed in trial cause no. cc-05-12681-a. Her affidavit asserts her inability to pay the costs associated with appellate cause no. 05-06-01415-CV, pending with this Court. See Tex. R. App. P. 20.1. She asserts the trial court has failed to act on her affidavit of indigence and, therefore, she is required to pay the costs of her appeal.
At the time relator filed her petition for writ of mandamus, appellate cause no. 05-06-01415-CV was subject to dismissal for her failure to pay for the preparation of the clerk's record. See Tex. R. App. P. 42.3. In addition to filing a petition for writ of mandamus, relator also filed a motion for reconsideration in appellate cause 05-06-01415-CV requesting relief because the trial court had failed to act in a timely manner regarding her indigence status. On March 5, 2007, her motion for reconsideration was granted by this Court and the Dallas County Clerk was ordered to file the record without payment of the costs. See Tex. R. App. P. 20.1(i)(4).
Relator has received an adequate remedy regarding the trial court's failure to act. Accordingly, we DENY relator's petition for writ of mandamus as moot. See Tex. R. App. P. 52.8(a).