in Re: Gerard Burks

• Court: Court of Appeals of Texas
• Decided: April 22, 2005
• Docket: 14-05-00336-CV
• Status: Published

Opinion

Petition for Writ of Mandamus Denied and Memorandum Opinion filed April 22, 2005

Petition for Writ of Mandamus Denied and Memorandum Opinion filed April 22, 2005.

In The

Fourteenth Court of Appeals

____________

NO. 14-05-00336-CV

IN RE GERALD BURKS, Relator

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

M E M O R A N D U M   O P I N I O N

On April 5, 2005, relator filed a petition for writ of mandamus in this court.  See Tex. Gov=t. Code Ann. ' 22.221 (Vernon 2004); see also Tex. R. App. P. 52.   Relator seeks to overturn (1) respondent=s denial of a default judgment on appearance day and (2) refusal to permit evidence of relator=s attorney=s fees.

Relator has not established that he is entitled to mandamus relief.  Mandamus will not issue for the purpose of directing a trial court to render a judgment by default.  See In re Ramirez, 994 S.W.2d 682, 683 (Tex. App.CSan Antonio 1998, orig. proceeding).  Additionally, the record does not reflect a ruling on relator=s offer of evidence.  Accordingly, we deny relator=s petition for writ of mandamus.

PER CURIAM

Petition Denied and Memorandum Opinion filed April 22, 2005.

Panel consists of Justices Edelman, Seymore, and Guzman.