Ex Parte Michael Skadden

• Court: Court of Appeals of Texas
• Decided: January 13, 2005
• Docket: 14-05-00002-CV
• Status: Published

Opinion

Petition for Writ of Mandamus Denied and Memorandum Opinion filed January 13, 2005

Petition for Writ of Mandamus Denied and Memorandum Opinion filed January 13, 2005.

In The

Fourteenth Court of Appeals

____________

NO. 14-05-00002-CV

IN RE MICHAEL SKADDEN, Relator

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

M E M O R A N D U M   O P I N I O N

On January 4, 2005, relator filed a Amotion for leave to file petition for writ of habeas corpus and motion to enforce and request for emergency relief by writ of mandamus@ in this court.  See Tex. Gov=t. Code Ann. ' 22.221 (Vernon 2004); see also Tex. R. App. P. 52.

Relator complains that the trial court dismissed his motion to enforce and writ of habeas corpus, which relator had filed to gain visitation with his minor child.  The standards applied in a mandamus proceeding have been clearly set by the Texas Supreme Court in Walker v. Packer, 827 S.W.2d 833 (Tex. 1992).  Mandamus is an extraordinary remedy.  Id.  at 840.  To be entitled to the remedy of mandamus, a relator must meet two requirements. First, relator must show that the trial court clearly abused its discretion.  Id. at 839-40.  Second, the relator must have an inadequate remedy by appeal.  Id.  This court has no power to issue a writ of mandamus in the absence of these conditions.  Johnson v. Fourth Court of Appeals, 700 S.W.2d 916, 917 (Tex. 1985).  Relator has not established that he is entitled to mandamus relief.  Accordingly, we deny relator=s petition for writ of mandamus.

PER CURIAM

Petition Denied and Memorandum Opinion filed January 13, 2005.

Panel consists of Justices Yates, Edelman, and Guzman.