in Re: Kay Collins

• Court: Court of Appeals of Texas
• Decided: April 19, 2007
• Docket: 14-07-00261-CV
• Status: Published

Opinion

Petition for Writ of Mandamus Denied and Memorandum Opinion filed April 19, 2007

Petition for Writ of Mandamus Denied and Memorandum Opinion filed April 19, 2007.

In The

Fourteenth Court of Appeals

____________

NO. 14-07-00261-CV

IN RE KAY COLLINS, Relator

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

M E M O R A N D U M   O P I N I O N

On March 23, 2007, 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.  In the petition, relator asked this court to compel the Honorable Bonnie Hellums, presiding judge of the 247th District Court of Harris County, to set aside her ruling ordering relator to pay Attorney Steward W. Gagnon $550.00 for attorney=s fees and $75.00 for certificate of service fee.  See Tex. R. Civ. P. 215.1(d) (authorizing court to require party or deponent whose conduct necessitated motion to compel to pay moving party reasonable expenses including attorney fees).

Mandamus is appropriate to correct a clear abuse of discretion when the relator has no adequate remedy at law.  CSR Ltd. v. Link, 925 S.W.2d 591, 596 (Tex. 1996).  Relator has not established she is entitled to mandamus relief.  Accordingly, we deny relator=s petition for writ of mandamus.

PER CURIAM

Petition Denied and Memorandum Opinion filed April 19, 2007.

Panel consists of Justices Frost, Seymore, and Guzman.(Seymore, J., dissents without opinion.)