In Re Duchuy Tuankiet Ngueyn v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: June 8, 2023
• Docket: 01-23-00400-CV
• Status: Published

Opinion

Opinion issued June 8, 2023

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-23-00400-CV ——————————— IN RE DUCHUY TUANKIET NGUYEN, Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

Relator, DucHuy TuanKiet Nguyen, filed a petition for a writ of mandamus

asserting that the trial court erred in connection with claims asserted by real party in

interest, Thi Khanh Linh Nguyen, against the estate of relator’s father, Tinh Duc

Nguyen.1 Relator requests that the Court grant mandamus relief based on the trial

1 The underlying case is In the Estate of Tinh Duc Nguyen, Deceased, Cause No. 491848, in Probate Court No. 1 of Harris County, Texas, the Honorable Jerry Simoneaux presiding. court’s “failure to rule on [real party in interest’s] claims without examining the

claimant and dependent administrator under oath and without hearing other evidence

necessary to determine the issue” and based on the trial court’s “approval of barred

claims.”

With his mandamus petition, relator also filed an “Emergency Motion for

Temporary Relief,” in which relator requested a “stay of the trial court’s entry of an

order approving claims against the estate asserted by” real party in interest. Relator

asserts that this relief is necessary “to preserve the status quo pending this Court’s

consideration” of his mandamus petition.

Our review of relator’s mandamus petition reflects that relator has failed to

establish that he is entitled to mandamus relief. Accordingly, we deny relator’s

petition for writ of mandamus. See TEX. R. APP. P. 52.8(a). All pending motions,

including relator’s “Emergency Motion for Temporary Relief,” are dismissed as

moot.

PER CURIAM Panel consists of Chief Justice Adams and Justices Guerra and Farris.