DENY Nunc Pro Tunc; and Opinion Filed December 16, 2013.

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-13-01443-CV IN RE THOMAS J. ELLIS, Relator Original Proceeding from the 101st Judicial District Court Dallas County, Texas Trial Court Cause No. DC-1010227 MEMORANDUM OPINION NUNC PRO TUNC Before Justices O'Neill, Lang-Miers, and Evans Opinion by Justice O'Neill Relator contends the trial judge erred in granting summary judgment. The facts and issues are well known to the parties, so we need not recount them herein. Based on the record before us, we conclude relator has not shown he is entitled to the relief requested. See TEX. R. APP. P. 52.8(a); Walker v. Packer, 827 S.W.2d 833, 839-40 (Tex. 1992) (orig. proceeding).

Accordingly, we DENY relator’s petition for writ of mandamus.

/Michael J. O'Neill/ MICHAEL J. O'NEILL JUSTICE

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