11th Court of Appeals

Eastland, Texas

Memorandum Opinion

Isidro Martinez Ramirez

            Appellant

Vs.                  No. 11-03-00360-CV – Appeal from Scurry County

Officer Merritt, CO

            Appellee

            Isidro Martinez Ramirez has filed a notice of appeal challenging the trial court’s ruling on a petition to perpetuate testimony. On November 7, 2003, the clerk of this court notified the parties that this order did not appear to be a final, appealable order. In the November 7 letter, we directed Ramirez to respond within 15 days showing grounds for continuing the appeal.

            Ramirez has responded by filing a request to convert his appeal into a mandamus proceeding. His request is granted, and his arguments will be addressed by this court in Cause No. 11-03-00399-CV.

            Ramirez’s appeal concerning the petition to perpetuate testimony in Trial Court Cause No. 21,699 is dismissed for want of jurisdiction.

                                                                                    PER CURIAM

December 11, 2003

Not designated for publication. See TEX.R.APP.P. 47.2(a).

Panel consists of: Arnot, C.J., and

Wright, J., and McCall, J.