DENY; and Opinion Filed October 14, 2013.

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-13-01350-CV IN RE TODD PRUETT, Relator On Appeal from the 193rd Judicial District Court Dallas County, Texas Trial Court Cause No. DC-12-014518 MEMORANDUM OPINION Before Justices Bridges, Francis, and Lewis Opinion by Justice Lewis Relator contends the trial judge erred in granting a motion to dismiss. 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.

/David Lewis/ DAVID LEWIS JUSTICE 131350F.P05