Opinion
NO. 01-13-00261-CV
04-18-2013
IN RE THOMAS FLORENCE, Relator
Original Proceeding on Petition for Writ of Mandamus
MEMORANDUM OPINION
Relator, Thomas Florence, has filed a petition for writ of mandamus, challenging the trial court's January 16, 2013 order dismissing his case for want of prosecution.
The underlying case is In the Matter of the Marriage of: Thomas Wayne Florence and Wanette Marie Florence, No. 12-Fd-2877, in the County Court at Law No. 3 of Galveston County, Texas, the Honorable Christopher Dupoy presiding.
Standard of Review
Mandamus is an extraordinary remedy, which is available only when (1) a trial court clearly abuses its discretion and (2) there is no adequate remedy by appeal. In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135-36 (Tex. 2004) (orig. proceeding); In re Unitec Elevator Servs. Co., 178 S.W.3d 53, 57 (Tex. App.—Houston [1st Dist.] 2005, orig. proceeding).
In his sole issue, relator complains that the trial court abused its discretion in dismissing his case for want of prosecution. Generally, mandamus will issue to direct a trial court to rescind an order only when a relator has no other adequate remedy. Downs v. Trevathan, 783 S.W.2d 689, 690 (Tex. App.—Houston [1st Dist.] 1989, orig. proceeding) (denying motion for leave to file petition for writ of mandamus). It is the relator's burden to show that he has no adequate remedy available at law. See In re Prudential, 148 S.W.3d at 135-36. Relator has not shown that he has no adequate remedy on appeal. See Downs, 783 S.W.2d at 690.
Conclusion
We deny the petition.
PER CURIAM
Panel consists of Justices Jennings, Bland, and Massengale.