Court of Civil Appeals of Texas, 2010

in Re: Leopoldo Leal

in Re: Leopoldo Leal
Court of Civil Appeals of Texas · Decided August 4, 2010

in Re: Leopoldo Leal

Opinion









NUMBER 13-10-00434-CV



COURT OF APPEALS



THIRTEENTH DISTRICT OF TEXAS



CORPUS CHRISTI - EDINBURG




IN RE: LEOPOLDO LEAL



On Petition for Writ of Mandamus



MEMORANDUM OPINION


Before Chief Justice Valdez and Justices Yañez and Garza

Per Curiam Memorandum Opinion (1)



Relator, Leopoldo Leal, filed a pro se petition for writ of mandamus in the foregoing cause on August 2, 2010, in which he requests this Court to compel the respondent, the Honorable Nelva Gonzales Ramos, presiding judge of the 347th District Court of Nueces County, to vacate her July 7, 2010 order in trial court cause number 10-1868-H. The July 7, 2010 order: (1) declares relator to be a vexatious litigant; and (2) orders him to pay security in the amount of $24,000 on or before July 20, 2010. (2)

The Court, having examined and fully considered the petition for writ of mandamus, is of the opinion that relator has not shown himself entitled to the relief sought. Accordingly, the petition for writ of mandamus is DENIED. (3)



PER CURIAM







Delivered and filed the

4th day of August, 2010.

1. 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).

2. See Tex. Civ. Prac. & Rem. Code Ann. §§ 11.051, 11.055 (Vernon 2002). We note that we have construed relator's petition liberally, as it fails to meet the requirements specified in the rules of appellate procedure. See generally Tex. R. App. P. 52.3. We also note that relator has previously filed petitions which failed to comply with applicable requirements. See, e.g., In re Leal, No. 13-10-102-CV, 2010 Tex. App. LEXIS 1622, at **1-2 (Tex. App.-Corpus Christi Mar. 4, 2010) (per curiam) (orig. proceeding).

3. See Tex. R. App. P. 52.8(a).

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