in Re Hector Mello, Relator
Opinion
MEMORANDUM OPINION
No. 04-11-00062-CV
IN RE Hector MELLO
Original Mandamus Proceeding 1
PER CURIAM
Sitting: Karen Angelini, Justice Sandee Bryan Marion, Justice Steven C. Hilbig, Justice
Delivered and Filed: March 16, 2011
PETITION FOR WRIT OF MANDAMUS DENIED
On January 26, 2010, relator Hector M. Mello filed a petition for writ of mandamus,
seeking to compel the trial court to rule on his “writ of replevin” that was filed in Cause No.
2005-CI-18191. However, the record indicates the case was closed in 2006 after the trial court
granted a final default judgment. Therefore, the trial court did not have a ministerial duty to rule
on a “writ of replevin” that was filed after the case was closed.
Accordingly, relator’s petition for writ of mandamus is DENIED. See TEX. R. APP. P.
52.8(a).
1 This proceeding arises out of Cause No. 2005-CI-18191, styled State of Texas v. Four Thousand One Hundred Fifty-Five Dollars ($4,155.00) United States Currency, in the 57th Judicial District Court, Bexar County, Texas, the Honorable Antonia Arteaga presiding.
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