IN RE ILES

Full title: IN RE RORY ALLEN ILES

Court: Court of Appeals of Texas, Ninth District, Beaumont

Date published: Jan 15, 2004

No. 09-04-014 CV (Tex. App. Jan. 15, 2004)

Opinion

No. 09-04-014 CV.

Opinion Delivered January 15, 2004.

Original Proceeding.

Rory Allen Lles — Pro se — Beaumont for appellant.

Tom Maness — Criminal District Attorney — Beaumont, Steven L. Wiggins — Assistant District Attorney — Beaumont for appellee.

Before: McKEITHEN, C.J., BURGESS and GAULTNEY, JJ.

MEMORANDUM OPINION¹

1 TEX. R. APP. P. 47.4.

PER CURIAM.

Mandamus will issue only to correct a clear abuse of discretion or violation of a duty imposed by law when that abuse cannot be remedied by appeal. Jack B. Anglin Co., Inc. v. Tipps, 842 S.W.2d 266, 272 (Tex. 1992); Walker v. Packer, 827 S.W.2d 833, 839 (Tex. 1992). Relator seeks a writ of mandamus to compel the trial judge to order the return of property subject to a forfeiture action by the State of Texas. After reviewing the petition and record, we conclude that the relator has not shown that appeal is not an adequate remedy.

The petition for writ of mandamus, filed January 8, 2004, is DENIED.