From Casetext: Smarter Legal Research

In re Burd

State of Texas in the Fourteenth Court of Appeals
Jun 26, 2018
NO. 14-18-00485-CV (Tex. App. Jun. 26, 2018)

Opinion

NO. 14-18-00485-CV

06-26-2018

IN RE BILLY JOE BURD, Relator


ORIGINAL PROCEEDING WRIT OF MANDAMUS
149th District Court Brazoria County, Texas
Trial Court Cause No. 93025-CV

MEMORANDUM OPINION

On June 14, 2018, relator Billy Joe Burd 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 Lamar McCorkle, the assigned visiting judge of the 149th District Court of Brazoria County, to vacate an oral order he rendered at a February 2, 2018 hearing, denying relator's motion to dismiss the action.

To obtain mandamus relief, a relator generally must show both that the trial court clearly abused its discretion and that 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.

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


Summaries of

In re Burd

State of Texas in the Fourteenth Court of Appeals
Jun 26, 2018
NO. 14-18-00485-CV (Tex. App. Jun. 26, 2018)
Case details for

In re Burd

Case Details

Full title:IN RE BILLY JOE BURD, Relator

Court:State of Texas in the Fourteenth Court of Appeals

Date published: Jun 26, 2018

Citations

NO. 14-18-00485-CV (Tex. App. Jun. 26, 2018)