in Re: Patrick Bouvia Kimble

Opinion

DENY; and Opinion Filed April 5, 2013.

S In The Court of Appeals Fifth District of Texas at Dallas

No. 05-13-00379-CV

IN RE PATRICK BOUVIA KIMBLE, Relator

On Appeal from the 195th Judicial District Court Dallas County, Texas MEMORANDUM OPINION Before Justices O'Neill, Lang-Miers, and Evans Opinion by Justice Lang-Miers

Relator contends the trial court violated a ministerial duty by not properly ruling on his

motion for judgment nunc pro tunc. The facts and issues are well known to the parties, so we

need not recount them herein. Based on the record before us, we conclude relator has not shown

he is entitled to the relief requested. See TEX. R. APP. P. 52.8(a); Simon v. Levario, 306 S.W.3d

318, 320-21 (Tex. Crim. App. 2009) (orig. proceeding); State of Tex. ex rel. Hill v. Court of

Appeals for the Fifth Dist., 34 S.W.3d 924, 927 (Tex. Crim. App. 2001) (orig. proceeding).

Accordingly, we DENY relator’s petition for writ of mandamus.

/Elizabeth Lang-Miers/ ELIZABETH LANG-MIERS JUSTICE

130379F.P05