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In re Smart

Court of Appeals Fifth District of Texas at Dallas
Jan 3, 2013
No. 05-12-01717-CV (Tex. App. Jan. 3, 2013)

Opinion

No. 05-12-01717-CV

01-03-2013

IN RE PERRY LEWIS SMART, Relator


Writ of Mandamus Denied, Opinion issued January 3, 2013

Original Proceeding from the 203rd Judicial District Court

Dallas County, Texas

Trial Court Cause No. 1256097


MEMORANDUM OPINION


Before Justices O'Neill, Francis, and Murphy

Opinion by Justice O'Neill

Relator contends the trial court violated a ministerial duty by not rendering a judgment in his favor as a matter of law. 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.

____________________________


JUSTICE


Summaries of

In re Smart

Court of Appeals Fifth District of Texas at Dallas
Jan 3, 2013
No. 05-12-01717-CV (Tex. App. Jan. 3, 2013)
Case details for

In re Smart

Case Details

Full title:IN RE PERRY LEWIS SMART, Relator

Court:Court of Appeals Fifth District of Texas at Dallas

Date published: Jan 3, 2013

Citations

No. 05-12-01717-CV (Tex. App. Jan. 3, 2013)