In Re State

Court of Appeals of Texas

In Re State

26 S.W.3d 759, 2000 Tex. App. LEXIS 6465, 2000 WL 1369889

Court of Appeals of Texas·Decided September 20, 2000·No. 10-00-288-CV·Published·Cited by 8 cases

Opinions

OPINION

REX D. DAVIS, Chief Justice.

The State of Texas asks this Court to issue a writ of mandamus against Respondent, the Honorable Horace D. Black, Judge of the 77th District Court of Freestone County. We notified the State on the date it filed its petition that the petition is defective because it is not signed and does not contain proper proof of service. See Tex.R.App. P. 9.1, 9.5(d). We advised the State that we would not act on the petition unless these defects were corrected. The State has failed to correct these defects.

Accordingly, we deny the petition. See id. 52.8(a). Our denial of the petition shall not be construed as a ruling on the merits.

Justice GRAY dissenting.

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OPINION

REX D. DAVIS, Chief Justice.

The State of Texas asks this Court to issue a writ of mandamus against Respondent, the Honorable Horace D. Black, Judge of the 77th District Court of Freestone County. We notified the State on the date it filed its petition that the petition is defective because it is not signed and does not contain proper proof of service. See Tex.R.App. P. 9.1, 9.5(d). We advised the State that we would not act on the petition unless these defects were corrected. The State has failed to correct these defects.

Accordingly, we deny the petition. See id. 52.8(a). Our denial of the petition shall not be construed as a ruling on the merits.

Justice GRAY dissenting.

In Re State, 26 S.W.3d 759, 2000 Tex. App. LEXIS 6465, 2000 WL 1369889 (Tex. Ct. App. 2000).

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