MEMORANDUM OPINION No. 04-11-00062-CV IN RE Hector MELLO Original Mandamus Proceeding 1 PER CURIAM Sitting: Karen Angelini, Justice Sandee Bryan Marion, Justice Steven C. Hilbig, Justice Delivered and Filed: March 16, 2011 PETITION FOR WRIT OF MANDAMUS DENIED On January 26, 2010, relator Hector M. Mello filed a petition for writ of mandamus, seeking to compel the trial court to rule on his “writ of replevin” that was filed in Cause No. 2005-CI-18191. However, the record indicates the case was closed in 2006 after the trial court granted a final default judgment. Therefore, the trial court did not have a ministerial duty to rule on a “writ of replevin” that was filed after the case was closed.

Accordingly, relator’s petition for writ of mandamus is DENIED. See TEX. R. APP. P. 52.8(a).

PER CURIAM

This proceeding arises out of Cause No. 2005-CI-18191, styled State of Texas v. Four Thousand One Hundred Fifty-Five Dollars ($4,155.00) United States Currency, in the 57th Judicial District Court, Bexar County, Texas, the Honorable Antonia Arteaga presiding.