Writ of Mandamus is DENIED; Opinion Filed August 28, 2013.

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-13-01145-CV IN RE JACKSON FULGHAM, D/B/A COMMERCE STREET PARTNERS, Relator Original Proceeding from the 160th Judicial District Court Dallas County, Texas Trial Court Cause No. 11-08353 MEMORANDUM OPINION Before Justices FitzGerald, Lang, and Myers Opinion by Justice Myers Relator contends the trial judge erred in granting partial 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 and motion for emergency relief.

/Lana Myers/ LANA MYERS JUSTICE 131145F.P05