in Re Darrell Tracey Johnson

• Court: Court of Appeals of Texas
• Decided: September 17, 2020
• Docket: 14-20-00581-CV
• Status: Published

Opinion

Petition for Writ of Mandamus Denied and Opinion filed September 17, 2020.

In The

Fourteenth Court of Appeals

NO. 14-20-00581-CV

IN RE DARRELL TRACEY JOHNSON, Relator

ORIGINAL PROCEEDING WRIT OF MANDAMUS County Civil Court at Law No. 2 Harris County, Texas Trial Court Cause No. 1156748

MEMORANDUM OPINION

On Saturday, August 22, 2020, relator Darrell Tracey Johnson filed a petition for writ of mandamus in this court. See Tex. Gov’t Code § 22.221; see also Tex. R. App. P. 52. In the petition, relator asks this court to compel the Honorable Jim F. Kovach, presiding judge of the County Civil Court at Law No. 2 of Harris County, to vacate his order authorizing issuance of a writ of possession. On September 4, 2020, the real parties in interest, Donald Guillory, Kitty Guillory, and Double RCG, LLL, filed a response. Ordinarily, to be entitled to a writ of mandamus, a relator must show that the trial court clearly abused its discretion, and that the relator lacks an adequate remedy by appeal. In re C.J.C., 603 S.W.3d 804, 810-11 (Tex. 2020) (orig. proceeding); In re Turner, 591 S.W.3d 121, 124 (Tex. 2019) (orig. proceeding). Relator has neither alleged nor shown that his request for mandamus relief falls within any exception to the general rule. Relator has an adequate remedy by appeal. See Marshall v. Hous. Auth. of City of San Antonio, 198 S.W.3d 782, 786 (Tex. 2006).

Relator has not shown that he is entitled to mandamus relief. Accordingly, we deny relator’s petition for writ of mandamus.

PER CURIAM

Panel consists of Chief Justice Frost and Justices Hassan and Poissant.