Opinion
NO. 14-18-00363-CV
05-24-2018
IN RE STEVEN M. CURTICE, Relator
ORIGINAL PROCEEDING WRIT OF MANDAMUS
County Court at Law No. 2 Galveston County, Texas
Trial Court Cause No. 17-FD-1370
MEMORANDUM OPINION
On May 8, 2018, relator Steven M. Curtice filed a petition for writ of mandamus in this court. See Tex. Gov't Code Ann. § 22.221 (West Supp. 2017); see also Tex. R. App. P. 52. In the petition, relator asks this court to compel the Honorable Barbara E. Roberts, presiding judge of the County Court at Law No. 2 of Galveston County, to make and file written findings of fact and conclusions of law as provided for by Texas Rules of Civil Procedure 296 and 297.
To obtain mandamus relief, a relator generally must show both that the trial court clearly abused its discretion and that relator has no adequate remedy by appeal. In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135-36 (Tex. 2004) (orig. proceeding).
According to the Notice of Past Due Findings of Fact and Conclusions of Law that relator filed with the trial court, the trial court's deadline for filing its findings of fact and conclusions of law was May 15, 2018. Because relator filed his petition before the findings of fact and conclusions of law were required to be filed, relator has not shown that the trial court abused its discretion.
Additionally, relator has not shown that it has no adequate remedy by appeal. See In re Sheshtawy, 161 S.W.3d 1, 4 (Tex. App.—Houston [14th Dist.] 2003, orig. proceeding); In re Martin, 06-09-00099-CV, 2009 WL 4281276, at *1 (Tex. App.—Texarkana Dec. 2, 2009, orig. proceeding) (mem op.); In re Morgan, No. 08-16-00126-CV, 2016 WL 4013777, at *1 (Tex. App.-El Paso July 27, 2016, orig. proceeding) (mem op.); In re Schindler Elevator Corp., No. 05-16-01172-CV, 2016 WL 5884943, at *1 (Tex. App.—Dallas Oct. 10, 2016, orig, proceeding) (mem op.).
For these reasons, we deny relator's petition for writ of mandamus.
PER CURIAM Panel consists of Justices Jamison, Wise, and Jewell.