In Re David Frank Trager--Appeal from 253rd District Court of Liberty County
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In The Court of Appeals Ninth District of Texas at Beaumont _________________ NO. 09-11-00061-CV _________________ IN RE DAVID FRANK TRAGER ________________________________________________________________________ Original Proceeding ________________________________________________________________________ MEMORANDUM OPINION David Frank Trager filed a petition for writ of mandamus, in which he complained that the trial court had failed to rule on Trager s motion to rescind the trial court s order to withdraw funds from Trager s Inmate Trust Fund account. We granted additional time for the relator to amend his petition to comply with the rules of appellate procedure. See Tex. R. App. P. 9.5(e), 52.3. On March 14, 2011, Trager filed an amended mandamus petition. We deny mandamus relief. Trager s amended mandamus petition includes an order of the trial court, signed on February 17, 2011, that denied Trager s motion to rescind. Mandamus relief is available only for a clear abuse of discretion when that abuse cannot be remedied on 1 appeal. In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135-36 (Tex. 2004). The trial court s order of February 17, 2011, is appealable. See Harrell v. State, 286 S.W.3d 315, 321 (Tex. 2009). Trager has not shown that he is presently entitled to mandamus relief from this Court. Accordingly, the petition for writ of mandamus is denied. PETITION DENIED. PER CURIAM Opinion Delivered March 17, 2011 Before McKeithen, C.J., Kreger and Horton, JJ. 2
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