in Re C/S Solutions, Inc.

Opinion issued March 14, 2006 In The Court of Appeals For the First District of Texas ____________ NO. 01–06–00040–CV ____________ IN RE C/S SOLUTIONS, INC., Relator Original Proceeding on Petition for Writ of Mandamus MEMORANDUM OPINIONOn January 17, 2006, relator C/S Solutions, Inc. filed a petition for a writ of mandamus complaining of Judge Block’s alleged refusal to grant a nonsuit. Relator filed a notice of appeal from the final judgment signed on October 21, 2005. The appeal was assigned to this Court and docketed as case number 01–05–01020–CV. On February 2, 1006, this Court dismissed the appeal for nonpayment of filing fees. Relator filed a motion for rehearing and paid the filing fees. On March 14, 2006, this Court granted the motion for rehearing and reinstated the appeal. We deny the petition for a writ of mandamus because relator has filed both an appeal and this petition, demonstrating relator has an adequate remedy by appeal. See In re Flores, 111 S.W.3d 817, 818 (Tex. App.—Houston [1st Dist.] 2003, orig. proceeding). PER CURIAM Panel consists of Justices Nuchia, Keyes, and Hanks.