Court of Civil Appeals of Texas, 2007

in Re: Woody K. Lesikar, as Trustee of the Woodrow v. Lesikar Family Trust of...

in Re: Woody K. Lesikar, as Trustee of the Woodrow v. Lesikar Family Trust of...
Court of Civil Appeals of Texas · Decided January 25, 2007

in Re: Woody K. Lesikar, as Trustee of the Woodrow v. Lesikar Family Trust of...

Opinion

Petition for Writ of Mandamus Denied and Memorandum Opinion filed January 25, 2007

Petition for Writ of Mandamus Denied and Memorandum Opinion filed January 25, 2007.

 

 

In The

 

Fourteenth Court of Appeals

____________

 

NO. 14-06-00780-CV

____________

 

IN RE WOODY K. LESIKAR, AS TRUSTEE OF THE WOODROW V. LESIKAR FAMILY TRUST, TRUSTEE OF THE WOODY K. LESIKAR SPECIAL TRUST,

AND INDEPENDENT EXECUTOR OF THE ESTATE OF

WOODROW V. LESIKAR, Relator

 

 

 

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

 

 

M E M O R A N D U M  O P I N I O N


On September 12, 2006, relator Woody K. Lesikar, as Trustee of the Woodrow V. Lesikar Family Trust, the Woody K. Lesikar Special Trust, and as Independent Executor of the Estate of Woodrow V. Lesikar, filed a petition for writ of mandamus in this court, requesting we compel the Honorable Richard May, judge of the 149th District Court, Brazoria County, Texas, to grant relator=s request for a finding under section 52.0011(a)(2) of the Texas Property Code or, in other words, a finding that the abstract of judgment filed by real party in interest[1] is not a lien on relator=s property.[2]  See Tex. Prop. Code Ann. ' 52.0011(a)(2) (Vernon 1995).     

We conclude that relator has failed to establish he is entitled to the requested mandamus relief.  Accordingly, we deny relator=s petition for writ of mandamus.                                                                                 

 

PER CURIAM

 

Petition Denied and Memorandum Opinion filed January 25, 2007.

Panel consists of Justices Anderson, Hudson, and Guzman.



[1]Carolyn Ann Lesikar Moon, individually and as named trustee of the Carolyn Ann Lesikar Moon Special Trust, is the real party in interest.    

[2]See Tex. Gov=t Code Ann. ' 22.221 (Vernon 2004); see  also  Tex. R. App. P. 52.1.

 

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