Court of Civil Appeals of Texas, 2020

in Re Darrell Tracey Johnson

in Re Darrell Tracey Johnson
Court of Civil Appeals of Texas · Decided September 17, 2020

in Re Darrell Tracey Johnson

Opinion

Petition for Writ of Mandamus Denied and Opinion filed September 17, 2020.

In The Fourteenth Court of Appeals NO. 14-20-00581-CV

IN RE DARRELL TRACEY JOHNSON, Relator

ORIGINAL PROCEEDING WRIT OF MANDAMUS County Civil Court at Law No. 2 Harris County, Texas Trial Court Cause No. 1156748 MEMORANDUM OPINION On Saturday, August 22, 2020, relator Darrell Tracey Johnson filed a petition for writ of mandamus in this court. See Tex. Gov’t Code § 22.221; see also Tex. R. App. P. 52. In the petition, relator asks this court to compel the Honorable Jim F. Kovach, presiding judge of the County Civil Court at Law No. 2 of Harris County, to vacate his order authorizing issuance of a writ of possession.

On September 4, 2020, the real parties in interest, Donald Guillory, Kitty Guillory, and Double RCG, LLL, filed a response.

Ordinarily, to be entitled to a writ of mandamus, a relator must show that the trial court clearly abused its discretion, and that the relator lacks an adequate remedy by appeal. In re C.J.C., 603 S.W.3d 804, 810-11 (Tex. 2020) (orig. proceeding); In re Turner, 591 S.W.3d 121, 124 (Tex. 2019) (orig. proceeding).

Relator has neither alleged nor shown that his request for mandamus relief falls within any exception to the general rule. Relator has an adequate remedy by appeal. See Marshall v. Hous. Auth. of City of San Antonio, 198 S.W.3d 782, 786 (Tex. 2006).

Relator has not shown that he is entitled to mandamus relief. Accordingly, we deny relator’s petition for writ of mandamus.

PER CURIAM

Panel consists of Chief Justice Frost and Justices Hassan and Poissant.

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