11th Court of Appeals

Eastland, Texas

Memorandum Opinion

J. Scott Smith, M.D.

            Appellant

Vs.                  No. 11-03-00317-CV – Appeal from Midland County

Leodegario Lopez

            Appellee

            J. Scott Smith, M.D. has filed in this court a motion to dismiss his appeal. Smith states that the notice of appeal was inadvertently filed, that he wishes to proceed by filing a writ of mandamus, and that there is no reason to proceed with this appeal. We note that Smith has filed a petition for writ of mandamus in the case of In re J. Scott Smith, M.D., Cause No. 11-03-00409-CV. The motion is granted.

            The appeal is dismissed.

                                                                                                PER CURIAM

January 8, 2004

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

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

Wright, J., and McCall, J.