in Re Joseph R. Willie II
in Re Joseph R. Willie II
Opinion
Opinion issued April 18, 2013
In The Court of Appeals For The First District of Texas ———————————— NO. 01-13-00263-CV ——————————— IN RE JOSEPH R. WILLIE, II, Relator
Original Proceeding on Petition for Writ of Mandamus
MEMORANDUM OPINION Relator, Joseph R. Willie, has filed a petition for writ of mandamus challenging the trial court’s March 27, 2013 order denying his no-evidence summary-judgment motion.1 See TEX. R. CIV. P. 166a(i).
The underlying case is Commission for Lawyer Discipline v. Willie, No. 2007- 69255, in the 133rd District Court of Harris County, Texas, the Honorable Lena Levario presiding via special appointment.
Applicable Law The denial of a no-evidence summary-judgment motion is no more reviewable by appeal or mandamus than the denial of a matter-of-law summary- judgment motion. TEX. R. CIV. P. 166a cmt. The denial of a no-evidence summary-judgment motion should be treated the same as the denial of a summary- judgment motion made under rule 166a(c). In re R.W., 129 S.W.3d 732, 744 (Tex. App.—Fort Worth 2004, orig. proceeding). Accordingly, we have no jurisdiction to review the trial court’s denial of Willie’s no-evidence summary-judgment motion.
Conclusion We deny the petition and all pending motions.
PER CURIAM Panel consists of Justices Jennings, Bland, and Massengale.
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