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In re Massington

Court of Appeals Fifth District of Texas at Dallas
Feb 15, 2012
No. 05-12-00169-CV (Tex. App. Feb. 15, 2012)

Opinion

No. 05-12-00169-CV

02-15-2012

IN RE ANTHONEY MASSINGTON, Relator


Writ of Mandamus Denied, Opinion issued February 15, 2012

Original Proceeding from the Criminal District Court No. 5

Dallas County, Texas

Trial Court Cause No. F96-50671-WHL

MEMORANDUM OPINION

Before Justices Morris, Richter, and Lang-Miers

Opinion by Justice Lang-Miers

Relator contends the trial court violated a ministerial duty by not ruling on his motion for judgment nunc pro tunc. 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 demonstrated that he brought his motion to the court's attention; thus, he has not shown he is entitled to the relief requested. See Tex. R. App. P. 52.8(a); Stoner v. Massey, 586 S.W.2d 843, 846 (Tex. 1979) (orig. proceeding); In re Davidson, 153 S.W.3d 490, 491 (Tex. App.-Amarillo 2004, orig. proceeding). Accordingly, we DENY relator's petition for writ of mandamus.

ELIZABETH LANG-MIERS

JUSTICE


Summaries of

In re Massington

Court of Appeals Fifth District of Texas at Dallas
Feb 15, 2012
No. 05-12-00169-CV (Tex. App. Feb. 15, 2012)
Case details for

In re Massington

Case Details

Full title:IN RE ANTHONEY MASSINGTON, Relator

Court:Court of Appeals Fifth District of Texas at Dallas

Date published: Feb 15, 2012

Citations

No. 05-12-00169-CV (Tex. App. Feb. 15, 2012)