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In re Carter

Court of Appeals of Texas, Eighth District, El Paso
May 8, 2008
No. 08-08-00156-CV (Tex. App. May. 8, 2008)

Opinion

No. 08-08-00156-CV

May 8, 2008.

AN ORIGINAL PROCEEDING.

IN MANDAMUS.

Before Chew, C.J., McClure, and Carr, JJ.

Chew, C.J., not participating


MEMORANDUM OPINION ON PETITION FOR WRIT OF MANDAMUS


Relator, Johnnie Lee Carter, has filed a pro se petition for writ of mandamus seeking an order compelling the Honorable Linda Chew, Judge of the 327th District Court, to vacate her order granting nonsuit nunc pro tunc.

Mandamus will lie only to correct a clear abuse of discretion. Walker v. Packer, 827 S.W.2d 833, 839-40 (Tex. 1992) (orig. proceeding). In addition, there must be no other adequate remedy at law. Id. at 840. Based on the petition and record before us, Mr. Carter has failed to demonstrate he is entitled to mandamus relief. See Tex.R.App.P. 52.8. Therefore, we deny the petition.


Summaries of

In re Carter

Court of Appeals of Texas, Eighth District, El Paso
May 8, 2008
No. 08-08-00156-CV (Tex. App. May. 8, 2008)
Case details for

In re Carter

Case Details

Full title:IN RE: JOHNNIE LEE CARTER, Relator

Court:Court of Appeals of Texas, Eighth District, El Paso

Date published: May 8, 2008

Citations

No. 08-08-00156-CV (Tex. App. May. 8, 2008)