in Re: Robert Leslie Carnes

• Court: Court of Appeals of Texas
• Decided: March 22, 2005
• Docket: 14-05-00278-CV
• Status: Published

Opinion

Petition for Writ of Mandamus Denied and Memorandum Opinion filed March 22, 2005

Petition for Writ of Mandamus Denied and Memorandum Opinion filed March 22, 2005.

In The

Fourteenth Court of Appeals

____________

NO. 14-04-05-00278-CV

IN RE ROBERT LESLIE CARNES, 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 18, 2004, 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. 52.1.  Relator challenges the trial court=s refusal to rule on relator=s objection to the associate judge presiding over trial.

If a party objects to an associate judge hearing the trial, the party must file a written objection not later than the 10th day after the date the party receives notice that the associate judge will hear the case.  Tex. Fam. Code Ann. ' 201.005(b)-(c) (Vernon 2002).  Relator received notice on December 28, 2004.  Thus, a written objection was required not later than January 7, 2005.  On January 3, 2005, relator sent a fax to the trial court coordinator, merely asking, AShouldn=t this be set before the presiding judge.@  We do not construe this fax to constitute a filed, written objection to the associate judge pursuant to section 201.005(b)-(c).  On January 13, 2004, relator filed a status report, which contained an objection pursuant to section 201.005; however, this objection was not timely filed.  Accordingly, we find no abuse of discretion by the trial judge in refusing to rule on the objection.

We deny relator=s petition for writ of mandamus.

PER CURIAM

Petition Dismissed and Memorandum Opinion filed March 22, 2005.

Panel consists of Justices Yates, Anderson, and Hudson.