in Re Gary Reed Walp

In The



Court of Appeals



Ninth District of Texas at Beaumont



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NO. 09-03-066 CV

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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.