in Re: Jimmy Johnson ( 2015 )

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
–2–