Opinion
No. 01-09-00284-CV
Opinion issued April 15, 2009.
Original Proceeding on Petition for Writ of Mandamus.
Panel consists of Justices TAFT, BLAND, and SHARP.
MEMORANDUM OPINION
Relators, Phil Marks and Tim Wilson, have filed a petition for writ of mandamus, accompanied by a motion for leave to file the petition for writ of mandamus, complaining of (1) the trial judge's written ruling, signed February 8, 2008, reciting that he lacks plenary power to rule on relators' post-judgment motion and (2) the trial judge's failure to rule on that motion.
The Honorable Bob May, Judge of the 149th District Court of Brazoria County, Texas. The underlying case is Phil Marks Tim Wilson v. Thomas Nolan Tex. Sportfishing Yacht Sales, No. 20954*RM02, in the 149th District Court of Brazoria County, Texas.
We deny the petition for a writ of mandamus and the motion for leave to file same.
We note that a motion for leave to file a petition for writ of mandamus is no longer required. See TEX. R. APP. P. 52.1; see also TEX. R. APP. P. 52, Notes Comments.