in Re Steven M. Curtice

• Court: Court of Appeals of Texas
• Decided: July 19, 2018
• Docket: 14-18-00551-CV
• Status: Published

Opinion

Petition for Writ of Mandamus Denied and Memorandum Opinion filed July 19, 2018.

In The

Fourteenth Court of Appeals

NO. 14-18-00551-CV

IN RE STEVEN M. CURTICE, Relator

ORIGINAL PROCEEDING WRIT OF MANDAMUS County Court at Law No 2 Galveston County, Texas Trial Court Cause No. 17-FD-1370

MEMORANDUM OPINION

On July 6, 2018, relator Steven M. Curtice filed a petition for writ of mandamus in this court. See Tex. Gov’t Code Ann. § 22.221 (West Supp. 2017); see also Tex. R. App. P. 52. In the petition, relator asks this court to compel the Honorable Barbara E. Roberts, presiding judge of the County Court at Law No. 2 of Galveston County, to vacate her March 9, 2018 order granting real party-in-interest Holly S. Curtice’s petition for bill of review. Relator also filed a motion for stay with this court. See Tex. R. App. P. 52.10(a).

Subject to certain exceptions not applicable to this case, to obtain mandamus relief, a relator must show both that the trial court clearly abused its discretion and that the relator has no adequate remedy by appeal. In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135–36 (Tex. 2004) (orig. proceeding). Relator has not shown that he is entitled to mandamus relief. We therefore deny relator’s petition for writ of mandamus and motion for stay.

PER CURIAM

Panel consists of Chief Justice Frost and Justices Donovan and Brown.