in Re Maravilla Owners Association, Inc.

Opinion

Petition for Writ of Mandamus Denied and Memorandum Opinion filed December 5, 2013.

In The

Fourteenth Court of Appeals

NO. 14-13-01018-CV

IN RE MARAVILLA OWNERS ASSOCIATION, INC., Relator

ORIGINAL PROCEEDING WRIT OF MANDAMUS 405th District Court Galveston County, Texas Trial Court Cause No. 13-CV-0435

MEMORANDUM OPINION

On November 14, 2013, relator Maravilla Owners Association, Inc. filed a petition for writ of mandamus in this Court. See Tex. Gov’t Code Ann. § 22.221; see also Tex. R. App. P. 52. In the petition, relator asks this Court to compel the Honorable Michelle Slaughter, presiding judge of the 405th District Court of Galveston County, to grant a no-answer default judgment against the real party in interest. Relator has not established its entitlement to mandamus relief. “Because the determination of whether a plaintiff is entitled to a default judgment requires the exercise of the trial court’s discretion, this court is without authority to compel by mandamus the entry of a default judgment.” In re Ramirez, 994 S.W.2d 682, 683 (Tex. App.—San Antonio 1998, orig. proceeding). Accordingly, we deny relator’s petition for writ of mandamus.

PER CURIAM

Panel consists of Justices McCally, Busby, and Wise.