In re Partain

Full title: IN RE JOHNNY PARTAIN

Court: Court of Appeals of Texas, Thirteenth District, Corpus Christi — Edinburg

Date published: May 18, 2011

No. 13-11-00276-CV (Tex. App. May. 18, 2011)

Opinion

No. 13-11-00276-CV

Delivered and filed May 18, 2011.

On Petition for Writ of Mandamus.

Before Chief Justice VALDEZ and Justices RODRIGUEZ and BENAVIDES.

MEMORANDUM OPINION

PER CURIAM Memorandum Opinion[fn1] [fn1] See TEX. R. APP. P. 52.8(d) ("When denying relief, the court may hand down an opinion but is not required to do so."); TEX. R. APP. P. 47.4 (distinguishing opinions and memorandum opinions).

Relator, Johnny Partain, proceeding pro se, filed a petition for writ of mandamus in the above cause on April 29, 2011, seeking to compel the trial court to issue a writ of execution. The Court requested and received a response to the petition for writ of mandamus from the real party in interest, James Maples.

The Court, having examined and fully considered the petition for writ of mandamus and the response thereto, is of the opinion that relator has not shown himself entitled to the relief sought. Accordingly, the petition for writ of mandamus is DENIED. See id. 52.8(a). The amended motion to dismiss filed by Maples is DISMISSED as moot.