Before CAMPBELL and HANCOCK and PIRTLE, JJ.

Larry McDonald filed a notice of appeal on April 23, 2008. He did not pay the filing fee required under the Rules of Appellate Procedure or file an affidavit of indigence in conformity with Rule of Appellate Procedure 20.1. Nor did he file a docketing statement as required by Rule of Appellate Procedure 32.1. By letter from this Court dated April 29, 2008, we advised McDonald "the filing fee in the amount of $175.00 has not been paid. Failure to pay the filing fee within ten (10) days from the date of this notice may result in dismissal. Tex. R. App. P. 42.3(c)." The letter also directed McDonald to file a docketing statement within ten days. McDonald has not filed a docketing statement, paid the filing fee as directed, or filed an affidavit of indigence. Accordingly, we dismiss the appeal. Tex. R. App. P. 5, 42.3(c).

James T. Campbell

Justice

ed by law where there is no other remedy by law. Johnson v. Fourth Court of Appeals, 700 S.W.2d 916, 917 (Tex. 1985). A remedy by appeal is not inadequate merely because it might involve more delay or cost than a mandamus action. In re Ford Motor Co., 988 S.W.2d 714, 721 (Tex. 1998). The burden is on the party seeking mandamus to establish that he has no adequate remedy by appeal. In re Bay Area Citizens Against Lawsuit Abuse, 982 S.W.2d 371, 375 (Tex. 1998). Relator has failed to meet that burden with respect to his request that we vacate the judgment or orders in the underlying lawsuit affecting him. First, he has failed to direct us to the specific orders that should be vacated other than the judgment notwithstanding the verdict entered by Judge Sheehan. Second, he has failed to show that the propriety of the judgment notwithstanding the verdict or other orders of the trial court cannot be attacked on direct appeal.

As to relator's request that we order Judge Sheehan to disqualify himself from conducting further proceedings in both the underlying original lawsuit and the severed cause of action, he has obtained the relief he sought by virtue of the orders of recusal entered by Judge Moore. Therefore, this issue is moot, and there is no need for us to address it.

Finding that mandamus relief is not appropriate, we overrule relator's petition for extraordinary writ. The stay of proceedings previously entered by this court is vacated.

Per Curiam

Do not publish.

1. Retired Justices Carlton B. Dodson and Bob Dickenson are sitting by assignment.