In Re: Patrick Bouvia Kimble v. Appeal from 195th Judicial District Court of Dallas County (memorandum opinion )

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DENY; and Opinion Filed April 5, 2013. S In The Court of Appeals Fifth District of Texas at Dallas No. 05-13-00379-CV IN RE PATRICK BOUVIA KIMBLE, Relator On Appeal from the 195th Judicial District Court Dallas County, Texas MEMORANDUM OPINION Before Justices O'Neill, Lang-Miers, and Evans Opinion by Justice Lang-Miers Relator contends the trial court violated a ministerial duty by not properly ruling on his motion for judgment nunc pro tunc. The facts and issues are well known to the parties, so we need not recount them herein. Based on the record before us, we conclude relator has not shown he is entitled to the relief requested. See TEX. R. APP. P. 52.8(a); Simon v. Levario, 306 S.W.3d 318, 320-21 (Tex. Crim. App. 2009) (orig. proceeding); State of Tex. ex rel. Hill v. Court of Appeals for the Fifth Dist., 34 S.W.3d 924, 927 (Tex. Crim. App. 2001) (orig. proceeding). Accordingly, we DENY relator s petition for writ of mandamus. /Elizabeth Lang-Miers/ ELIZABETH LANG-MIERS JUSTICE 130379F.P05

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