DENIED; Opinion Filed April 15, 2013.

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-13-00439-CV IN RE AVI ADELMAN, Relator On Appeal from the 44th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-12-10604 MEMORANDUM OPINION Before Justices FitzGerald, Lang, and Myers Opinion by Justice Myers Relator contends the trial judge erred in denying his 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.

130439F.P05 /Lana Myers/ LANA MYERS JUSTICE