Opinion
No. 08-20-00095-CV
08-21-2020
IN RE: MICHAEL C. SMART, Relator.
AN ORIGINAL PROCEEDING IN MANDAMUS MEMORANDUM OPINION
Relator Michael C. Smart, pro se, has filed a petition for a writ of mandamus asking this Court to direct the Honorable Jesus Rodriguez, Judge of the County Court at Law No. 5 (Family Court), to "issue an immediate Cease and Desist Order" that essentially voids a Title IV-D child support order issued by associate judge Phyllis Gonzalez against Smart. The writ is denied.
See Office of the Att'y Gen. of Tex. v. C.W.H., 531 S.W.3d 178, 181-82 (Tex. 2017)(describing history of Title IV-D, appointment process for Title IV-D associate judges, and relationship between associate judge and referring court).
Generally, mandamus relief is appropriate only to correct a clear abuse of discretion or to compel the performance of a ministerial duty, and only where the relator has no adequate remedy by appeal. In re Reece, 341 S.W.3d 360, 364 (Tex. 2011)(orig. proceeding). The burden is on the relator to show he is entitled to mandamus relief. See In re Ford Motor Company, 165 S.W.3d 315, 317 (Tex. 2005)(orig. proceeding).
After reviewing the mandamus petition and record, we conclude that Relator has failed to show that he is entitled to mandamus relief. Accordingly, we deny the petition for writ of mandamus.
GINA M. PALAFOX, Justice August 21, 2020 Before Alley, C.J., Rodriguez, and Palafox, JJ.