IN RE: Jimmy Johnson (2015)

Court of Appeals of Texas, Dallas.

IN RE: Jimmy Johnson, Relator

No. 05–15–00437–CV

Decided: April 13, 2015

Before Justices Francis, Myers, and Schenck

MEMORANDUM OPINION

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.

Relator has not established a right to relief. We DENY the petition.

FOOTNOTES

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.

Opinion by Justice Francis

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