in Re: Barry Dwayne Minnfee

• Court: Court of Appeals of Texas
• Decided: February 27, 2009
• Docket: 13-09-00108-CV
• Status: Published

Opinion

NUMBER 13-09-00108-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

IN RE: BARRY DWAYNE MINNFEE

On Petition for Writ of Mandamus.

MEMORANDUM OPINION

Before Justices Rodriguez, Garza, and Vela Memorandum Opinion Per Curam1

Relator, Barry Dwayne Minnfee, pro se, filed a petition for writ of mandamus on

February 26, 2009, through which he generally appears to request enforcement of an

alleged default judgment.

The Court, having examined and fully considered the petition for writ of mandamus

is of the opinion that the petition should be denied. The petition fails to clearly ask this

Court to command another to do or refrain from doing some act, and further fails to allege

or show the violation of a ministerial duty or a clear abuse of discretion. See Walker v.

1 See T EX . R. A PP . P. 52.8(d) (“W hen denying relief, the court m ay hand down an opinion but is not required to do so.”); T EX . R. A PP . P. 47.4 (distinguishing opinions and m em orandum opinions). Packer, 827 S.W.2d 833, 839 (Tex. 1992). Moreover, the petition for writ of mandamus

fails to comply with the Texas Rules of Appellate Procedure. See generally TEX . R. APP.

P. 52.3. Accordingly, the petition for writ of mandamus is DENIED. See id. 52.8(a).

PER CURIAM

Memorandum Opinion delivered and filed this 27th day of February, 2009.