Court of Civil Appeals of Texas, 2013

in Re: Elloyd Johnson

in Re: Elloyd Johnson
Court of Civil Appeals of Texas · Decided April 18, 2013

in Re: Elloyd Johnson

Opinion

DENY; and Opinion Filed April 18, 2013.

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-13-00429-CV IN RE ELLOYD JOHNSON, Relator Original Proceeding from the 196th Judicial District Court Hunt County, Texas Trial Court Cause No. 11-1115-RT MEMORANDUM OPINION Before Justices O'Neill, Lang-Miers, and Evans Opinion by Justice O'Neill Relator contends the trial court violated a ministerial duty because a visiting judge was not properly authorized by state law. 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); Simon v. Levario, 306 S.W.3d 318, 320-21 (Tex. Crim. App. 2009) (orig. proceeding); State of Tex. ex rel. Hill v. Court of Appeals for the Fifth Dist., 34 S.W.3d 924, 927 (Tex. Crim. App. 2001) (orig. proceeding).

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

/Michael J. O'Neill/ MICHAEL J. O'NEILL JUSTICE 130429F.P05

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