Court of Civil Appeals of Texas, 2019

in Re Howard Evan Ford

in Re Howard Evan Ford
Court of Civil Appeals of Texas · Decided September 26, 2019

in Re Howard Evan Ford

Opinion

In The Court of Appeals Ninth District of Texas at Beaumont __________________ NO. 09-19-00300-CV __________________ IN RE HOWARD EVAN FORD __________________________________________________________________ Original Proceeding 435th District Court of Montgomery County, Texas Trial Cause No. 10-10-11568-CV __________________________________________________________________ MEMORANDUM OPINION Relator Howard Evan Ford filed a pro se petition for writ of mandamus, in which he complains that the trial court erred by denying his motion for judgment nunc pro tunc and asserts that the trial court lacked jurisdiction.

Mandamus will issue only to correct a clear abuse of discretion or violation of a duty imposed by law when that abuse cannot be remedied by appeal. In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135-36 (Tex. 2004); Walker v. Packer, 827 S.W.2d 833, 839 (Tex. 1992). After reviewing the mandamus record and

petition, we conclude that the relator has not demonstrated an abuse of discretion by the trial court. Accordingly, we deny the petition for writ of mandamus.

PETITION DENIED.

PER CURIAM Submitted September 25, 2019 Opinion Delivered September 26, 2019 Before McKeithen, C.J., Kreger and Horton, JJ.

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