Opinion
No. 05-03-01038-CV
Opinion issued July 28, 2003
Original Proceeding from the 330th Judicial District Court Dallas County, Texas, Trial Court Cause No. 02-07851-Y
Writ of Mandamus Denied, Nunc Pro Tunc
Before Justices MORRIS, FITZGERALD, and LANG.
MEMORANDUM OPINION NUNC PRO TUNC
The Court VACATES its opinion and judgment issued July 15, 2003. This is now the opinion of the Court. Relator contends the trial judge erred in not acting on his motions. The facts of this original proceeding are known to the parties so we do not recite them here. Further, because all dispositive issues are clearly settled in law, we issue this memorandum opinion pursuant to rule 52.8(d) of the Texas Rules of Appellate Procedure. See Tex.R.App.P. 52.8(d). Based on the record presented, we conclude the relator has failed to show himself entitled to the relief requested. Accordingly, relator's petition for writ of mandamus is DENIED. See Tex.R.App.P. 52.8(a); Walker v. Packer, 827 S.W.2d 833, 839-842 (Tex. 1992) (orig. proceeding). The Court OVERRULES relator's motion for rehearing.