in Re: Jimmy Johnson

• Court: Court of Appeals of Texas
• Decided: April 13, 2015
• Docket: 05-15-00437-CV
• Status: Published

Opinion

Deny and Opinion Filed April 13, 2015

Court of Appeals S In The

Fifth District of Texas at Dallas No. 05-15-00437-CV

IN RE JIMMY JOHNSON, Relator

Original Proceeding from the 68th Judicial District Court Dallas County, Texas Trial Court Cause No. TX-10-31998-C

MEMORANDUM OPINION Before Justices Francis, Myers, and Schenck Opinion by Justice Francis Before the Court is relator’s Amended Motion to File Writ of Mandamus. We treat the

motion as a petition for writ of mandamus.1 Relator complains that this Court withdrew leave to

extend time to file the record in the appeal of this case. The Court disposed of the appeal in

March 2014 by affirming the trial court’s judgment. Johnson v. Dallas County, No. 05-12-

01046-CV, 2014 WL 1010259, at *3 (Tex. App.—Dallas Mar. 5, 2014, writ denied) (mem. op.).

The mandate issued on January 26, 2015. Neither the mandamus record nor the record on appeal

reflect any action by the Court withdrawing leave to file the record and the appellate record

includes the clerk’s record.

1 A motion for leave to file a petition for writ of mandamus is required when relief is sought from the court of criminal appeals. See TEX. R. APP. P. 72.1. A motion for leave is not required for a petition filed in an intermediate appellate court. See TEX. R. APP. P. 52.1. Relator has not established a right to relief. We DENY the petition.

150437F.P05 /Molly Francis/ MOLLY FRANCIS JUSTICE

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