Opinion issued June 26, 2025

In The Court of Appeals For The First District of Texas ———————————— NO. 01-25-00287-CV ——————————— IN RE HERBERT KOBAYASHI, Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION Relator Herbert Kobayashi has filed a petition for writ of mandamus to withdraw the trial court’s order granting a motion for new trial.1 We deny mandamus relief without prejudice to refiling. See TEX. R. APP. P. 52.7(a)(1) (requiring “certified or sworn copy of every document that is material to the

The underlying case is Estate of Lily Kobayashi Landress, Deceased, cause number 491,559, pending in the Probate Court No. 1 of Harris County, Texas, the Honorable Jerry Simoneaux presiding. relator’s claim for relief and that was filed in any underlying proceeding”). Any pending motions are dismissed as moot.

PER CURIAM Panel consists of Chief Justice Adams and Justices Caughey and Johnson.