Opinion
No. 08-07-00009-CV.
January 25, 2007.
AN ORIGINAL PROCEEDING IN MANDAMUS.
Before CHEW, C.J., McCLURE, and CARR, JJ.
MEMORANDUM OPINION ON PETITION FOR WRIT OF MANDAMUS
Relator, Marilyn S. Johnson, seeks a writ of mandamus against the Honorable Eduardo A. Gamboa, El Paso County Associate Judge, and the Honorable Max Higgs, Judge of the El Paso County Probate Court. Mandamus will lie only to correct a clear abuse of discretion. Walker v. Packer, 827 S.W.2d 833, 840 (Tex. 1992) (orig. proceeding). Moreover, there must be no other adequate remedy at law. Id. Although mandamus is not an equitable remedy, it is largely governed by equitable principles. Rivercenter Associates v. Rivera, 858 S.W.2d 366, 367 (Tex. 1993). One such principle is that equity aids the diligent and not those who slumber on their rights. Id.
Relator seeks to challenge an order appointing a temporary guardian entered by Judge Higgs on June 7, 2006, and an order denying a request for a jury trial entered by Judge Gamboa on September 12, 2006. Relator does not provide any explanation for her delaying in seeking mandamus relief. We conclude that mandamus relief must be denied because of laches. See Furr's Supermarkets, Inc. v. Mulanax, 897 S.W.2d 442, 443 (Tex.App.-El Paso 1995, orig. proceeding).