In re Smith

Full title: IN RE JAMES LEVI SMITH, Relator

Court: Court of Appeals of Texas, Fourteenth District, Houston

Date published: Oct 9, 2003

No. 14-03-00793-CV (Tex. App. Oct. 9, 2003)

Opinion

No. 14-03-00793-CV

Memorandum Opinion filed October 9, 2003.

ORIGINAL PROCEEDING WRIT OF MANDAMUS

Petition for Writ of Mandamus Denied

Panel consists of Justices ANDERSON, SEYMORE, and GUZMAN.

MEMORANDUM OPINION

PER CURIAM

On July 16, 2003, relator filed a petition for writ of mandamus in this Court seeking to vacate the trial court's September 13, 2002 dismissal of his divorce lawsuit for want of prosecution. See Tex. Gov't. Code Ann. § 22.221 (Vernon Supp. 2003); see also Tex.R.App.P. 52. The petition is not in compliance with Tex.R.App.P. 52.3. Furthermore, mandamus relief is available only in limited circumstances to correct a clear abuse of discretion when the relator has no adequate remedy by appeal. Walker v. Packer, 827 S.W.2d 833, 839-44 (Tex. 1992). Relator had an adequate remedy by appeal following dismissal of his case.

We deny relator's petition for writ of mandamus.