in Re Robert Norman Smithback

• Court: Court of Appeals of Texas
• Decided: June 16, 2016
• Docket: 09-16-00184-CV
• Status: Published

Opinion

In The

Court of Appeals Ninth District of Texas at Beaumont ____________________ NO. 09-16-00184-CV ____________________

IN RE ROBERT NORMAN SMITHBACK ________________________________________________________________________

Original Proceeding 411th District Court of Polk County, Texas Trial Cause No. CIV29146 ________________________________________________________________________

MEMORANDUM OPINION

Relator, Robert Norman Smithback, filed a pro se petition for writ of

mandamus, in which he contends the trial court abused its discretion in dismissing

relator’s case for failing to comply with Chapter 14 of the Texas Civil Practice and

Remedies Code. A writ of mandamus is an extraordinary remedy that may be

issued to correct a clear abuse of discretion when that abuse cannot be remedied by

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

(orig. proceeding); Walker v. Packer, 827 S.W.2d 833, 840-44 (Tex. 1992) (orig.

proceeding). After reviewing the mandamus record and petition, we conclude that

the relator has not demonstrated that he is entitled to mandamus relief. Relator has

1 not shown that the trial court abused its discretion in dismissing his lawsuit and

that he has no adequate remedy by appeal. Accordingly, relator’s petition for writ

of mandamus is denied. See Tex. R. App. P. 52.8(a).

PETITION DENIED.

PER CURIAM

Submitted on June 15, 2016 Opinion Delivered June 16, 2016

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