Vrit of Niandanius Denied. Opinion issued January 3. 2013

In The Qnurt uf Ai.iprah FiftI! tktrirt uf rxa at 1a11a No. 05-12-017 17-CV

IN RE PERRY LEWIS SMART, Relator

Original Proceeding from the 203rd Judicial District Court Dallas County, Texas Trial Court Cause No. 1256097

MEMORANDUM OPINION Before Justices O’Neill. Francis, and Murphy Opinion by Justice O’Neill Relator contends the trial court violated a ministerial duty by not rendering ajudgment in his favor as a matter of 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 ‘. Levario. 306 S.W.3d 318. 320-21 (Tex. Crim. App. 2009) (orig. proceeding); State of Tex. cx ret. Hill v. Court of Appeals for the Fifth Dist., 34 S.W.3d 924. 927 (Tex. Crim. App. 2001) (orig. proceeding). Accordingly, we I)ENY relator’s petition for writ of mandamus.

MARY JUSTICE 1217 17F.P05