In Re Gary Reed Walp--Appeal from 75th District Court of Liberty County

In The
Court of Appeals
Ninth District of Texas at Beaumont
____________________
NO. 09-03-066 CV
____________________
IN RE GARY REED WALP
Original Proceeding
MEMORANDUM OPINION (1)

The petition for writ of mandamus, which Gary Reed Walp filed on February 3, 2003, seeks to compel the trial court presiding over the relator's civil suit to rule upon his pro se motions. On February 13, 2003, the trial court granted the relator's Motion to Terminate Court-Appointed Counsel's Representation, and ordered counsel to deliver Walp's file to the district clerk for safekeeping. An appellate court may not issue a writ of mandamus to compel a trial court to rule a certain way on a motion to which the trial court's judicial discretion extends. Womack v. Berry, 156 Tex. 44, 291 S.W.2d 677, 682 (1956). The petition for writ of mandamus is denied.

WRIT DENIED.

PER CURIAM

 

Opinion Delivered March 6, 2003

Before McKeithen, C.J., Burgess and Gaultney, JJ.

1. Tex. R. App. P. 47.4.