From Casetext: Smarter Legal Research

In re Obeginski

Court of Appeals of Texas, Ninth District, Beaumont
Oct 3, 2024
No. 09-24-00332-CV (Tex. App. Oct. 3, 2024)

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.


Summaries of

In re Obeginski

Court of Appeals of Texas, Ninth District, Beaumont
Oct 3, 2024
No. 09-24-00332-CV (Tex. App. Oct. 3, 2024)
Case details for

In re Obeginski

Case Details

Full title:IN RE SCOTT MITCHELL OBEGINSKI

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

Date published: Oct 3, 2024

Citations

No. 09-24-00332-CV (Tex. App. Oct. 3, 2024)