IN RE WALP

Full title: IN RE GARY REED WALP

Court: Court of Appeals of Texas, Ninth District, Beaumont

Date published: Mar 6, 2003

No. 09-03-066 CV (Tex. App. Mar. 6, 2003)

Opinion

No. 09-03-066 CV.

Opinion Delivered March 6, 2003.

Original Proceeding.

WRIT DENIED.

Before McKEITHEN, C.J., BURGESS and GAULTNEY, JJ.

MEMORANDUM OPINION¹

1 Tex.R.App.P. 47.4.

PER CURIAM.

The petition for writ of mandamus, which Gary Reed Walp filed on February 3, 2003, seeks to compel the trial court presiding over the relator's civil suit to rule upon his pro se motions. On February 13, 2003, the trial court granted the relator's Motion to Terminate Court-Appointed Counsel's Representation, and ordered counsel to deliver Walp's file to the district clerk for safekeeping. An appellate court may not issue a writ of mandamus to compel a trial court to rule a certain way on a motion to which the trial court's judicial discretion extends. Womack v. Berry, 156 Tex. 44, 291 S.W.2d 677, 682 (1956). The petition for writ of mandamus is denied.