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In re Banos

Court of Appeals Fifth District of Texas at Dallas
Jul 24, 2012
No. 05-12-00972-CV (Tex. App. Jul. 24, 2012)

Opinion

No. 05-12-00972-CV No. 05-12-00980-CV No. 05-12-00981-CV

07-24-2012

IN RE JOHN W. BANOS, Relator


Writ of Mandamus Denied, Opinion issued July 24, 2012

Original Proceeding from the 354th Judicial District Court

Hunt County, Texas

Trial Court Cause Nos. 15-538, 15-539, and 15-540

MEMORANDUM OPINION

Before Justices Moseley, FitzGerald, and Myers

Opinion by Justice Myers

Relator contends the trial court violated a ministerial duty by not granting his writ of audita querela. 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 not shown he is entitled to the relief requested. See Tex. R. App. P. 52.8(a); Simon v. Levario, 306 S.W.3d 318, 320-21 (Tex. Crim. App. 2009) (orig. proceeding); State of Tex. ex rel. Hill v. Court of Appeals for the Fifth Dist., 34 S.W.3d 924, 927 (Tex. Crim. App. 2001) (orig. proceeding). Accordingly, we DENY relator's petition for writ of mandamus.

LANA MYERS

JUSTICE

120972F.P05


Summaries of

In re Banos

Court of Appeals Fifth District of Texas at Dallas
Jul 24, 2012
No. 05-12-00972-CV (Tex. App. Jul. 24, 2012)
Case details for

In re Banos

Case Details

Full title:IN RE JOHN W. BANOS, Relator

Court:Court of Appeals Fifth District of Texas at Dallas

Date published: Jul 24, 2012

Citations

No. 05-12-00972-CV (Tex. App. Jul. 24, 2012)