Opinion
No. 04-05-00639-CV
Delivered and Filed: September 28, 2005.
Relator alleges this proceeding arises out of Cause Nos. 02-10-00185-CVK and 02-11-00193-CVK styled Michael Kennedy v. Willie Paldo, and Michael Kennedy v. Lewis Robinson, pending in the 81st/218th Judicial District Court, Karnes County, Texas. The Honorable Donna S. Rayes is the presiding judge of the 81st Judicial District Court, and the Honorable Stella H. Saxon is the presiding judge of the 218th Judicial District Court.
Petition for Writ of Mandamus Denied.
Sitting: Sarah B. DUNCAN, Justice, Karen ANGELINI, Justice, Rebecca SIMMONS, Justice.
MEMORANDUM OPINION
On September 7, 2005, Michael Kennedy filed a petition for writ of mandamus. Relator complains that on June 2, 2005, the trial court dismissed two causes in which he is the plaintiff without notice to him. He further complains that he received no notice of the dismissal orders, and asks this court to reverse the trial court's dismissal orders or grant him permission to appeal these causes to this court. No sworn record or other supporting documentation is filed with his petition.
A writ of mandamus is an extraordinary remedy that will issue only to correct a clear abuse of discretion or a violation of a duty imposed by law when there is no other adequate remedy by law.
Walker v. Packer, 827 S.W.2d 833, 837 (Tex. 1992) (orig. proceeding) (holding relator has burden of providing a sufficient record to establish right to mandamus relief). The burden of showing both an abuse of discretion and the inadequacy of other legal remedies is placed on the relator. In re American Media Consolidated, 121 S.W.3d 70, 72 (Tex.App.-San Antonio 2003, orig. proceeding). In this case, relator has not established that the trial court clearly abused its discretion or violated a duty imposed by law, and that other legal remedies are inadequate.
For these reasons, this court has determined that relator is not entitled to the relief sought, and the petition is DENIED.
No costs shall be assessed against relator because he is indigent.
The clerk of this court is directed to transmit a copy of this opinion to relator, the trial court judges, and the trial court clerk.