in Re: James Levi Smith

• Court: Court of Appeals of Texas
• Decided: October 9, 2003
• Docket: 14-03-00793-CV
• Status: Published

Opinion

Petition for Writ of Mandamus Denied and Memorandum Opinion filed October 9, 2003

Petition for Writ of Mandamus Denied and Memorandum Opinion filed October 9, 2003.

In The

Fourteenth Court of Appeals

____________

NO. 14-03-00793-CV

IN RE JAMES LEVI SMITH, Relator

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

M E M O R A N D U M   O P I N I O N

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.

PER CURIAM

Petition Denied and Memorandum Opinion filed October 9, 2003.

Panel consists of Justices Anderson, Seymore, and Guzman.