Opinion
NO. 14-18-00550-CV
07-24-2018
IN RE ERNEST QUIMBY, Relator
ORIGINAL PROCEEDING WRIT OF MANDAMUS
County Court at Law No. 1 Galveston County, Texas
Trial Court Cause No. 17FD3360
MEMORANDUM OPINION
On July 3, 2018, relator Ernest Quimby 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 John Grady, presiding judge of the County Court at Law No. 1 of Galveston County, to set aside his (1) May 25, 2018 order granting the plea to the jurisdiction and special appearance filed by real party in interest Jessica Quimby; and (2) June 8, 2018 order dismissing the case on the ground that jurisdiction is not proper in Texas.
Generally, a relator seeking mandamus relief must demonstrate that (1) the trial court clearly abused its discretion; and (2) the relator has no adequate remedy by appeal. In re Nat'l Lloyds Ins. Co., 507 S.W.3d 219, 226 (Tex. 2016) (orig. proceeding) (per curiam). Generally, a party has an adequate remedy by appeal from a final judgment. See In re Moncrief Partners, L.P., No. 14-16-00220-CV, 2016 WL 1274031, at *1 (Tex. App.—Houston [14th Dist.] Mar. 31, 2016, orig. proceeding) (mem. op.); In re Portillo, No. 14-11-00520-CV, 2011 WL 5118982, at *1 (Tex. App.—Houston [14th Dist.] Oct. 27, 2011, orig. proceeding) (mem. op.); In re Sec. Nat'l Ins., No. 14-11-00013-CV, 2011 WL 332712, at *1 (Tex. App.—Houston [14th Dist.] Feb. 3, 2011, orig. proceeding) (mem. op.). A writ of mandamus is not a substitute for an appeal. Sec. Nat'l Ins., 2011 WL 332712, at *1.
The June 8, 2018 dismissal order is a final judgment. Therefore, relator has an adequate remedy by appeal.
Relator has not established that he is entitled to mandamus relief. Accordingly, we deny relator's petition for writ of mandamus. We also deny relator's motion emergency motion to stay.
PER CURIAM Panel consists of Justices Jamison, Wise, and Jewell.