Opinion
No. 05-11-00474-CV
Opinion issued April 25, 2011.
Original Proceeding from the 219th Judicial District Court, Collin County, Texas, Trial Court Cause No. 219-81061-93.
Before Justices MOSELEY, RICHTER, and FILLMORE.
MEMORANDUM OPINION
Relator contends the trial court violated a ministerial duty by denying his motion for judgment nunc pro tunc. The facts and issues are well known to the parties, so we need not recount them herein. Relator has not demonstrated that the judgment of which he complains contains a clerical error. See Smith v. State, 15 S.W.3d 294, 298-99 (Tex. App.-Dallas 2000, no pet.). Therefore, 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). Accordingly, we DENY relator's petition for writ of mandamus.
Relator previously filed an appeal from the order denying his motion for judgment nunc pro tunc, which was dismissed for lack of jurisdiction on March 18, 2011. The Court has taken judicial notice of the record filed in that appeal in deciding this petition for writ of mandamus.