In Re: R. Wayne Johnson--Appeal from 3rd District Court of Henderson County

NO. 12-06-00068-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

IN RE: R. WAYNE JOHNSON, ORIGINAL PROCEEDING

RELATOR

MEMORANDUM OPINION

R. Wayne Johnson filed a petition for writ of mandamus complaining that the trial court has not ruled on Johnson s motion for sanctions against opposing counsel and has not taken any action on Johnson s recusal motion. Johnson has failed to furnish an appendix in this proceeding. See Tex. R. App. P. 52.3(j). Therefore, we cannot determine that he is entitled to the relief requested. Accordingly, the petition for writ of mandamus is denied. See Tex. R. App. P. 52.8(a).

DIANE DEVASTO

Justice

Opinion delivered March 22, 2006.

Panel consisted of Worthen, C.J., Griffith, J., and DeVasto, J.

(PUBLISH)