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In re Burks

Court of Appeals of Texas, Fourteenth District, Houston
Apr 22, 2005
No. 14-05-00336-CV (Tex. App. Apr. 22, 2005)

Opinion

No. 14-05-00336-CV

Opinion Filed April 22, 2005.

Original Proceeding.

Writ of Mandamus.

Petition for Writ of Mandamus Denied.

Panel consists of Justices EDELMAN, SEYMORE, and GUZMAN.


MEMORANDUM OPINION


On April 5, 2005, relator filed a petition for writ of mandamus in this court. See TEX. GOV'T. CODE ANN. § 22.221 (Vernon 2004); see also TEX. R. APP. P. 52. Relator seeks to overturn (1) respondent's denial of a default judgment on appearance day and (2) refusal to permit evidence of relator's attorney's fees.

Relator has not established that he is entitled to mandamus relief. Mandamus will not issue for the purpose of directing a trial court to render a judgment by default. See In re Ramirez, 994 S.W.2d 682, 683 (Tex.App.-San Antonio 1998, orig. proceeding). Additionally, the record does not reflect a ruling on relator's offer of evidence. Accordingly, we deny relator's petition for writ of mandamus.


Summaries of

In re Burks

Court of Appeals of Texas, Fourteenth District, Houston
Apr 22, 2005
No. 14-05-00336-CV (Tex. App. Apr. 22, 2005)
Case details for

In re Burks

Case Details

Full title:IN RE GERALD BURKS, Relator

Court:Court of Appeals of Texas, Fourteenth District, Houston

Date published: Apr 22, 2005

Citations

No. 14-05-00336-CV (Tex. App. Apr. 22, 2005)