in Re Lee Roger Simpson, Jr.

• Court: Court of Appeals of Texas
• Decided: March 29, 2000
• Docket: 10-00-00098-CV
• Status: Published

Opinion

In re Lee Roger Simpson, Jr.

IN THE

TENTH COURT OF APPEALS

No. 10-00-098-CV

IN RE LEE ROGER SIMPSON, JR.

Original Proceeding

MEMORANDUM OPINION

      Respondent, the Honorable Alan Mayfield, Judge of the 74th District Court of McLennan County, dismissed Lee Roger Simpson, Jr.’s lawsuit because Simpson failed to comply with section 14.004 of the Civil Practice and Remedies Code. See Tex. Civ. Prac. & Rem. Code Ann. § 14.004 (Vernon Supp. 2000); Hickson v. Moya, 926 S.W.2d 397, 399 (Tex. App.—Waco 1996, no writ). Simpson seeks a writ of mandamus from this Court directing Respondent to permit him to amend his pleadings to include the affidavit required by Section 14.004.

      “Mandamus issues only to correct a clear abuse of discretion or the violation of a duty imposed by law when there is no other adequate remedy by law.” Walker v. Packer, 827 S.W.2d 833, 839 (Tex. 1992) (orig. proceeding) (quoting Johnson v. Fourth Court of Appeals, 700 S.W.2d 916, 917 (Tex. 1985) (orig. proceeding)). Simpson has an adequate remedy by appeal. See, e.g., Hickson, 926 S.W.2d at 398-99. Accordingly, we deny his petition.

                                                                   PER CURIAM

Before Chief Justice Davis,

      Justice Gray, and

      Chief Justice McDonald (retired)

Writ denied

Opinion delivered and filed March 29, 2000

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