DENIED; Opinion Filed April 8, 2013.

SIn The Court of Appeals Fifth District of Texas at Dallas No. 05-13-00419-CV IN RE MARVIN L. MALONE, Relator On Appeal from the 194th Judicial District Court Dallas County, Texas Trial Court Cause No. F85-98931-IM MEMORANDUM OPINION Before Justices O'Neill, Lang-Miers, and Evans Opinion by Justice Evans Relator contends the trial court did not properly rule on his motion for judgment nunc pro tunc. 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.

/David W. Evans/ DAVID W. EVANS JUSTICE 130419F.P05