in Re: Jeffrey Balawajder

Opinion

Opinion issued July 2, 2003

In The

Court of Appeals

For the

First District of Texas

____________

NO. 01-03-00002-CV

IN RE JEFFERY BALAWAJDER, Relator

---

Original Proceeding on Petition for Writ of Mandamus

---

MEMORANDUM OPINION ON REHEARINGRelator Jeffery Balawajder has filed a petition for a writ of mandamus directed at the Honorable Erwin Ernst, visiting judge for the 12th District Court of Walker County. On June 2, 2003, Judge Ernst signed a final judgment in the underlying lawsuit. Relator, therefore, must bring his complaints in an appeal from the June 2, 2003, final judgment, rather than by a petition for a writ of mandamus. See Walker v. Packer, 827 S.W.2d 833, 839 (Tex. 1992) (court of appeals may grant mandamus relief to correct clear abuse of discretion or violation of duty imposed by law when there is no adequate remedy by appeal).

          We deny the petition for a writ of mandamus.

PER CURIAM

Panel consists of Justices Hedges, Jennings, and Alcala.