In Re: Woodrow W. Miller--Appeal from 309th District Court of Harris County

Petition for Writ of Mandamus Denied and Memorandum Opinion filed April 7, 2005.

In The

Fourteenth Court of Appeals

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NO. 14-05-00288-CV

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IN RE WOODROW W. MILLER, Relator

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

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

On March 23, 2005, relator filed a petition for writ of mandamus in this court. See Tex. Gov=t. Code Ann. ' 22.221 (Vernon 2004-05); see also Tex. R. App. P. 52. In his petition, relator sought to have this court direct the Honorable Frank Rynd, presiding judge of the 309th District Court, to set aside his nunc pro tunc order signed February 17, 2005, purportedly setting aside a conditionally granted new trial.

Relator has not established that he is entitled to mandamus relief. Accordingly, we deny relator=s petition for writ of mandamus.

PER CURIAM

Petition Denied and Memorandum Opinion filed April 7, 2005.

Panel consists of Chief Justice Hedges and Justices Fowler and Frost.