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In re Jones

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ORIGINAL PROCEEDING FOR WRIT OF MANDAMUS

Pending before the court is the petition of Cedric Jones for a writ of mandamus. Jones requests that we order the Hon. Patrick Pirtle, 251st Judicial District, Potter County, to rule upon and grant his pending motions for summary judgment and preliminary injunction. We deny the application for the reasons which follow.

First, under circumstances wherein a matter pends before a trial court, authority empowers us to direct the court to act; it does not permit us to tell the court how to act. O’Donniley v. Golden, 860 S.W.2d 267, 269 (Tex. App.-Tyler 1993, no pet.). Thus, we cannot award the relief sought by Jones and order the trial court to grant him a summary judgment or preliminary injunction.

 
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