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In re Divincenzo

Court of Appeals of Texas, Fifth District, Dallas
Sep 5, 2006
No. 05-06-01081-CV (Tex. App. Sep. 5, 2006)

Opinion

No. 05-06-01081-CV

Opinion issued September 5, 2006.

Original Proceeding from the County Court at Law No. 1, Dallas County, Texas, Trial Court Cause No. CC-05-15914-A.

Writ of Mandamus Denied.

Before Justices MORRIS, RICHTER, and MAZZANT.


MEMORANDUM OPINION


Relator contends the trial judge was without authority to grant the motion for new trial. The facts and issues are well known to the parties, so we need not recount them herein. Based on the record before us, we conclude relator has failed to show the trial judge clearly abused his discretion. See Tex.R.App.P. 52.8(a); Walker v. Packer, 827 S.W.2d 833, 839-44 (Tex. 1992) (orig. proceeding). Accordingly, we DENY relator's petition for writ of mandamus.

J. Morris dissents and would grant the relief requested.


Summaries of

In re Divincenzo

Court of Appeals of Texas, Fifth District, Dallas
Sep 5, 2006
No. 05-06-01081-CV (Tex. App. Sep. 5, 2006)
Case details for

In re Divincenzo

Case Details

Full title:IN RE PRUDENCE A DIVINCENZO, Relator

Court:Court of Appeals of Texas, Fifth District, Dallas

Date published: Sep 5, 2006

Citations

No. 05-06-01081-CV (Tex. App. Sep. 5, 2006)