Court of Civil Appeals of Texas, 2019

in Re John Edward Letkiewicz

in Re John Edward Letkiewicz
Court of Civil Appeals of Texas · Decided October 3, 2019

in Re John Edward Letkiewicz

Opinion

In The Court of Appeals Ninth District of Texas at Beaumont __________________ NO. 09-19-00322-CV __________________

IN RE JOHN EDWARD LETKIEWICZ __________________________________________________________________ Original Proceeding 435th District Court of Montgomery County, Texas Trial Cause No. 13-04-04026-CV __________________________________________________________________ MEMORANDUM OPINION Relator John Edward Letkiewicz 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 October 2, 2019 Opinion Delivered October 3, 2019 Before McKeithen, C.J., Horton and Johnson, JJ.

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