in Re Scott Van Dyke

• Court: Court of Appeals of Texas
• Decided: July 28, 2009
• Docket: 14-09-00556-CV
• Status: Published

Opinion

Petition for Writ of Mandamus Denied and Memorandum Opinion filed July 28, 2009

Petition for Writ of Mandamus Denied and Memorandum Opinion filed July 28, 2009.

In The

Fourteenth Court of Appeals

____________

NO. 14-09-00556-CV

IN RE SCOTT VAN DYKE, Relator

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

M E M O R A N D U M   O P I N I O N

On June 23, 2009, relator, Scott Van Dyke, filed a petition for writ of mandamus in this court.  See Tex. Gov=t Code Ann. ' 22.221 (Vernon 2004); see also Tex. R. App. P. 52.  In the petition, relator asks this court to compel the Honorable Jaclanel McFarland, presiding judge of the 133rd District Court of Harris County, to vacate her May 4, 2009 order denying his motion for entry of judgment nunc pro tunc and her June 22, 2009 order denying his motion for entry of judgment in accordance with this court=s opinion. 

Relator has not established his entitlement to the extraordinary relief of a writ of mandamus.  Accordingly, we deny relator=s petition for writ of mandamus and lift the stay issued on June 24, 2009. 

PER CURIAM

Panel consists of Chief Justice Hedges and Justices Yates and Guzman.