In Re Herbert Kobayashi v. the State of Texas

Opinion

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

1 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.

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