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Court of Appeals of Texas, 2011

in Re Hector Mello, Relator

in Re Hector Mello, Relator
Court of Appeals of Texas · Decided March 16, 2011 · No. 04-11-00062-CV
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in Re Hector Mello, Relator

Opinion

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

1 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.

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