Opinion
No. 05-17-00433-CV
05-10-2017
IN RE TRACY NIXON, Relator
Original Proceeding from the 301st Judicial District Court Dallas County, Texas
Trial Court Cause No. DF-00-14691-T
MEMORANDUM OPINION
Before Justices Lang-Miers, Myers, and Boatright
Opinion by Justice Boatright
Before the Court is relator's April 26, 2017 petition for writ of mandamus. In this original proceeding, relator complains that the trial court did not appoint counsel to represent him at the July 12, 2016 hearing on the Texas Attorney General's motion for contempt and motion for enforcement of child support and medical support. He asks that this Court order the trial court to "dismiss" the contempt and enforcement order.
The presiding judge of the 301
The trial court had previously appointed a public defender to represent relator, but she withdrew in March 2016. Relator argues here that he opposed the withdrawal of the public defender, he requested counsel be appointed for the July 12, 2016 hearing, and the court denied his required for appointment of counsel. The mandamus record contradicts those assertions. The transcript of the hearing on the public defender's motion to withdraw shows that relator agreed to the withdrawal of the public defender and told the trial court that he was going to obtain counsel through legal aid. The trial judge warned relator that he would have to proceed pro se at the July 12, 2016 hearing if he did not get counsel through legal aid and that representing himself was a dangerous proposition. The trial judge also stated that no continuance of the July 2016 hearing would be granted. Relator stated that he understood those admonishments. The record includes no request for appointment of counsel after the public defender's withdrawal.
To be entitled to mandamus relief, a relator must show both that the trial court has clearly abused its discretion and that relator has no adequate appellate remedy. In re Prudential Ins. Co., 148 S.W.3d 124, 135-36 (Tex. 2004) (orig. proceeding). Based on the record before us, we conclude relator has not shown he is entitled to the relief requested. Accordingly, we deny relator's petition for writ of mandamus. See TEX. R. APP. P. 52.8(a) (the court must deny the petition if the court determines relator is not entitled to the relief sought).
/Jason Boatright/
JASON BOATRIGHT
JUSTICE 170433F.P05
st Judicial District Court of Dallas County, Texas declared relator a vexatious litigant on April 14, 2016. Upon receipt of this original proceeding, this Court directed relator to provide a written order from the local administrative judge giving relator permission to file this original proceeding. On May 2, 2017, Local Administrative District Judge Ken Molberg signed an order granting permission to file the original proceeding. We, therefore, proceed to address the merits of the petition for writ of mandamus.