Mark Anthony Taylor v. State ( 2010 )

NO. 07-10-0234-CV
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL B
JULY 13, 2010
In re JOHNNY LEE REY, Relator
Memorandum Opinion
Before QUINN, C.J., and CAMPBELL and HANCOCK, JJ.
Pending before the court is the petition of Johnny Lee Rey for a writ of
mandamus. Rey asks that we direct the Honorable Ana Estevez, District Judge, 251st
Judicial District, to act upon a pending motion and to void an “Order to Withdraw Inmate
Funds” (Order to Withdraw). We deny the petition.
The motion in question involved Rey’s effort to have the trial court vacate the
aforementioned Order to Withdraw. The trial court acted upon that motion by denying it
on June 25, 2010. A true and correct copy of that order is attached to this opinion as
exhibit A. Thus, the portion of Rey’s petition asking us to direct the trial court to act
upon his motion is now moot.
To the extent that the trial court issued the Order to Withdraw and now denied
Rey’s motion to strike or otherwise vacate it, the appropriate avenue for relief available
to him is via appeal. Harrel v. State, 286 S.W.3d 315, 321 (Tex. 2009). Since the
Texas Supreme Court has so held, he has an adequate remedy of law and, therefore, is
not entitled to relief via mandamus.
The petition for writ of mandamus is denied.
Per Curiam
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