in Re Joseph E. Leal

• Court: Court of Appeals of Texas
• Decided: February 22, 2018
• Docket: 09-18-00062-CV
• Status: Published

Opinion

In The

Court of Appeals Ninth District of Texas at Beaumont _________________ NO. 09-18-00062-CV _________________

IN RE JOSEPH E. LEAL

________________________________________________________________________

Original Proceeding 75th District Court of Liberty County, Texas Trial Cause No. CV1510066 ________________________________________________________________________

MEMORANDUM OPINION

Joseph E. Leal filed a petition for a writ of mandamus to compel the judge of

the 75th District Court of Liberty County, Texas, to vacate an order of abatement

and proceed to trial in trial court case number CV1510066, styled Steve Hebert v.

Joseph E. Leal et al. Leal argues that the trial court denied Leal’s due process rights

by abating case number CV1510066 pending enforcement of a “corrected default

judgment” signed on February 11, 2015, in trial court case number CV1408862,

styled Steve Hebert v. Joseph E. Leal et al. As temporary relief, Leal requested a

1 stay of the issuance and execution of an order for sheriff’s sale in trial court case

number CV1408862.

To be entitled to mandamus relief, a relator must show both that the trial court

has clearly abused its discretion and that relator has no adequate appellate remedy.

In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135–36 (Tex. 2004) (orig.

proceeding). Based on the record before us, we conclude that the relator has not

shown that he is entitled to the relief he requested. See Walker v. Packer, 827 S.W.2d

833, 839-40 (Tex. 1992) (orig. proceeding). Accordingly, the petition for writ of

mandamus is denied. See Tex. R. App. P. 52.8(a). Relator’s request for temporary

relief is likewise denied.

PETITION DENIED.

PER CURIAM

Submitted on February 21, 2018 Opinion Delivered February 22, 2018

Before McKeithen, C.J., Horton and Johnson, JJ.