in Re: Woody K. Lesikar, as Trustee of the Woodrow v. Lesikar Family Trust of the Woody K. Lesikar Special Trust, and Independent of the Estate of Woodrow v. Lesikar

Court of Appeals of Texas

in Re: Woody K. Lesikar, as Trustee of the Woodrow v. Lesikar Family Trust of the Woody K. Lesikar Special Trust, and Independent of the Estate of Woodrow v. Lesikar

DecidedJanuary 25, 2007

Docket14-06-00780-CV

StatusPublished

This text of in Re: Woody K. Lesikar, as Trustee of the Woodrow v. Lesikar Family Trust of the Woody K. Lesikar Special Trust, and Independent of the Estate of Woodrow v. Lesikar (in Re: Woody K. Lesikar, as Trustee of the Woodrow v. Lesikar Family Trust of the Woody K. Lesikar Special Trust, and Independent of the Estate of Woodrow v. Lesikar) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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in Re: Woody K. Lesikar, as Trustee of the Woodrow v. Lesikar Family Trust of the Woody K. Lesikar Special Trust, and Independent of the Estate of Woodrow v. Lesikar, (Tex. Ct. App. 2007).

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Opinion

Petition for Writ of Mandamus Denied and Memorandum Opinion filed January 25, 2007

Petition for Writ of Mandamus Denied and Memorandum Opinion filed January 25, 2007.

In The

Fourteenth Court of Appeals

____________

NO. 14-06-00780-CV

IN RE WOODY K. LESIKAR, AS TRUSTEE OF THE WOODROW V. LESIKAR FAMILY TRUST, TRUSTEE OF THE WOODY K. LESIKAR SPECIAL TRUST,

AND INDEPENDENT EXECUTOR OF THE ESTATE OF

WOODROW V. LESIKAR, Relator

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

M E M O R A N D U M O P I N I O N

On September 12, 2006, relator Woody K. Lesikar, as Trustee of the Woodrow V. Lesikar Family Trust, the Woody K. Lesikar Special Trust, and as Independent Executor of the Estate of Woodrow V. Lesikar, filed a petition for writ of mandamus in this court, requesting we compel the Honorable Richard May, judge of the 149th District Court, Brazoria County, Texas, to grant relator=s request for a finding under section 52.0011(a)(2) of the Texas Property Code or, in other words, a finding that the abstract of judgment filed by real party in interest^{^[1]} is not a lien on relator=s property.^{^[2]} See Tex. Prop. Code Ann. ' 52.0011(a)(2) (Vernon 1995).

We conclude that relator has failed to establish he is entitled to the requested mandamus relief. Accordingly, we deny relator=s petition for writ of mandamus.

PER CURIAM

Petition Denied and Memorandum Opinion filed January 25, 2007.

Panel consists of Justices Anderson, Hudson, and Guzman.

^{^[1]}Carolyn Ann Lesikar Moon, individually and as named trustee of the Carolyn Ann Lesikar Moon Special Trust, is the real party in interest.

^{^[2]}See Tex. Gov=t Code Ann. ' 22.221 (Vernon 2004); see also Tex. R. App. P. 52.1.

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Petition for Writ of Mandamus Denied and Memorandum Opinion filed January 25, 2007

Petition for Writ of Mandamus Denied and Memorandum Opinion filed January 25, 2007.

In The

Fourteenth Court of Appeals

____________

NO. 14-06-00780-CV

IN RE WOODY K. LESIKAR, AS TRUSTEE OF THE WOODROW V. LESIKAR FAMILY TRUST, TRUSTEE OF THE WOODY K. LESIKAR SPECIAL TRUST,

AND INDEPENDENT EXECUTOR OF THE ESTATE OF

WOODROW V. LESIKAR, Relator

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

M E M O R A N D U M O P I N I O N

On September 12, 2006, relator Woody K. Lesikar, as Trustee of the Woodrow V. Lesikar Family Trust, the Woody K. Lesikar Special Trust, and as Independent Executor of the Estate of Woodrow V. Lesikar, filed a petition for writ of mandamus in this court, requesting we compel the Honorable Richard May, judge of the 149th District Court, Brazoria County, Texas, to grant relator=s request for a finding under section 52.0011(a)(2) of the Texas Property Code or, in other words, a finding that the abstract of judgment filed by real party in interest^{^[1]} is not a lien on relator=s property.^{^[2]} See Tex. Prop. Code Ann. ' 52.0011(a)(2) (Vernon 1995).

We conclude that relator has failed to establish he is entitled to the requested mandamus relief. Accordingly, we deny relator=s petition for writ of mandamus.

PER CURIAM

Petition Denied and Memorandum Opinion filed January 25, 2007.

Panel consists of Justices Anderson, Hudson, and Guzman.

^{^[1]}Carolyn Ann Lesikar Moon, individually and as named trustee of the Carolyn Ann Lesikar Moon Special Trust, is the real party in interest.

^{^[2]}See Tex. Gov=t Code Ann. ' 22.221 (Vernon 2004); see also Tex. R. App. P. 52.1.

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