In Re: Kevin McWilliams, d/b/a McWilliams Monument Company--Appeal from 278th District Court of Grimes County

Petition for Writ of Mandamus Denied and Memorandum Opinion filed April 21, 2005.

In The

Fourteenth Court of Appeals

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NO. 14-05-00232-CV

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IN RE KEVIN McWILLIAMS, d/b/a

McWILLIAMS MONUMENT COMPANY, 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 8, 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 asked that we direct the Honorable Kenneth Keeling, the presiding judge of the 278th District Court in Grimes County, to set aside his nunc pro tunc order retaining the underlying case on the docket.[1]

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 21, 2005.

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

[1] The underlying case is styled Carolyn Poret Stark v. Kevin McWilliams, d/b/a McWilliams Monument Company, filed under cause number 29,305 in the 278th District Court of Grimes County, Texas.