Legal Opinion

in Re: James Simon

Texas Court of Appeals, 12th District (Tyler)

Decided May 28, 2010No. 12-10-00161-CVPublished

1Opinion of the Court

NO. 12-10-00161-CV IN THE COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT TYLER, TEXAS ' IN RE: JAMES SIMON, ' ORIGINAL PROCEEDING RELATOR ' MEMORANDUM OPINION Relator James Simon complains that the trial court signed an order directing withdrawals from his inmate trust account. He contends the order is void because he had no meaningful opportunity to be heard before it was signed.1 Consequently, he requests a writ of mandamus directing the respondent to vacate the order and return his money to his trust account. Mandamus relief is proper only to correct a clear abuse of discretion when…

2Cases cited3 opinions

  1. Walker v. PackerTexas Supreme Court · 1992
  2. In Re Prudential Insurance Co. of AmericaTexas Supreme Court · 2004
  3. In Re Pena, Texas Court of Appeals, 12th District (Tyler)2003

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