in Re: Barry Dwayne Minnfee

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 Curam ⁽¹⁾

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. 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.

1. See Tex. R. App. P. 52.8(d) ("When denying relief, the court may hand down an opinion but is not required to do so."); Tex. R. App. P. 47.4 (distinguishing opinions and memorandum opinions).