Court of Civil Appeals of Texas, 2010

in Re Richard Dale Buswell

in Re Richard Dale Buswell
Court of Civil Appeals of Texas · Decided July 23, 2010

in Re Richard Dale Buswell

Opinion

 

COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

 

NO. 02-10-00249-CV

 

In re richard dale buswell

 

RELATOR

 

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ORIGINAL PROCEEDING

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MEMORANDUM OPINION[1]

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The court has considered relator’s petition for writ of mandamus and is of the opinion that relator’s petition should be denied.[2]  Accordingly, relator’s petition for writ of mandamus is denied.

 

PER CURIAM

 

 

PANEL:  MCCOY, J.; LIVINGSTON, C.J.; and MEIER, J.

 

DELIVERED:  July 23, 2010



    [1]See Tex. R. App. P. 47.4, 52.8(d).

    [2]The trial court and the district clerk’s office have advised this court that they do not have any record that relator has filed a motion for judgment nunc pro tunc.  Because relator’s motion has never been received by the trial court, Respondent has not been provided an opportunity to rule upon the motion.  Presentment of the motion to the trial court is a prerequisite to mandamus relief.  See O’Connor v. First Court of Appeals, 837 S.W.2d 94, 97 (Tex. 1992).

 

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