Opinion
09-24-00332-CV
10-03-2024
IN RE SCOTT MITCHELL OBEGINSKI
Submitted on October 2, 2024
Original Proceeding 284th District Court of Montgomery County, Texas Trial Cause No. 23-08-12296-CV.
Before Golemon, C.J., Johnson and Chambers, JJ.
MEMORANDUM OPINION
PER CURIAM
In a petition for a writ of mandamus, Relator Scott Mitchell Obeginski argues the trial court lacked jurisdictionto issue a final judgment and writ ofpossessionin a trespass-to-try-title case. Relator failed to support his mandamus petition with a record containing a sworn or certified copy of every document that is material to his claim for relief. See Tex. R. App. P. 52.1.
Obeginski perfected an appeal from the final judgment, which decreed that Obeginski take nothing on his claims, declared that Jaul Elizondo is the true and lawful owner of the subject premises, ordered that a writ of possession issue, and set the amount required to supersede the judgment pending appeal. The clerk's record has not yet been filed in Appeal Number 09-24-00293-C V, Scott Mitchell Obeginsh v. Jaul Ray Elizondo.
Mandamus relief is an extraordinary remedy that issues only to correct a clear abuse of discretion for which the relator has no adequate remedy by appeal. See In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135-36 (Tex. 2004) (orig. proceeding); Walker v. Packer, 827 S.W.2d 833, 839-40 (Tex. 1992) (orig. proceeding). Having reviewed the p etition for a writ of mandamus, we conclude that the Relator has not shown that the trial court committed a clear abuse of discretion from which there is no adequate remedy by appeal. Accordingly, we deny the petition for a writ of mandamus. See Tex. R. App. P. 52.8(a).
PETITION DENIED.