Court of Civil Appeals of Texas, 2004

in Re Dan D. Kelly

in Re Dan D. Kelly
Court of Civil Appeals of Texas · Decided April 29, 2004

in Re Dan D. Kelly

Opinion

In The



Court of Appeals



Ninth District of Texas at Beaumont



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NO. 09-04-108 CV

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IN RE DAN D. KELLY




Original Proceeding



MEMORANDUM OPINION (1)

On March 4, 2004, Dan D. Kelly filed a petition for writ of mandamus. On March 11, 2004, we notified the relator that the petition did not comply with the Rules of Appellate Procedure applicable to original proceedings filed in appellate courts, and granted him thirty days to amend his petition. See Tex. R. App. P. 52. The relator did not amend his petition.

We may grant mandamus relief if relator demonstrates that the act sought to be compelled is purely ministerial under the relevant facts and law, and that the relator has no other adequate legal remedy. State ex. rel. Hill v. Court of Appeals for the Fifth District, 34 S.W.3d 924, 927 (Tex. Crim. App. 2001). Kelly has not demonstrated that he is entitled to the relief sought. The petition for writ of mandamus is denied.

WRIT DENIED.

PER CURIAM

Opinion Delivered April 29, 2004

Before McKeithen, C.J., Burgess and Gaultney, JJ.

1. Tex. R. App. P. 47.4.

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