Deny Writ and Opinion Filed June 12, 2013

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-13-00731-CV IN RE CHRIS WANKEN, Relator On Appeal from the 416th Judicial District Court Collin County, Texas Trial Court Cause No. 416-00937-2013 MEMORANDUM OPINION Before Justices Moseley, Francis, and Fillmore Opinion by Justice Francis Before the Court is relator’s petition for writ of mandamus in which he contends the trial court erred by failing to stay a hearing scheduled for a date subsequent to relator’s purported nonsuit. 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.

We also DENY relator’s June 11, 2013 emergency motion for relief and stay of issuance of any orders in the 416th District Court of Collin County.

/Molly Francis/ 130731F.P05 MOLLY FRANCIS JUSTICE