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COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 2-08-491-CV
IN RE DANIEL HARMON RELATOR
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ORIGINAL PROCEEDING
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MEMORANDUM OPINION[1]
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The court has considered relator=s petition for writ of mandamus and is of the opinion that relief should be denied.[2] Accordingly, relator=s petition for writ of mandamus is denied.
Relator shall pay all costs of this original proceeding, for which let execution issue.
PER CURIAM
PANEL: MCCOY and LIVINGSTON, JJ.
DELIVERED: January 20, 2009
[1]See Tex. R. App. P. 47.4.
[2]The trial court and the district clerk=s office have advised this court that they do not have any record that relator has filed a pending motion to compel. Because relator=s motion has never been received by the trial court, Respondent has not been provided an opportunity to rule upon the motion. Presentment of the motion to the trial court is a prerequisite to mandamus relief. See O=Connor v. First Court of Appeals, 837 S.W.2d 94, 97 (Tex. 1992).