in Re James Atkins ( 2019 )

In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-19-00282-CV
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IN RE JAMES ATKINS
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Original Proceeding
435th District Court of Montgomery County, Texas
Trial Cause No. 10-09-09576-CV
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MEMORANDUM OPINION
Relator James Atkins 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
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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 11, 2019
Opinion Delivered September 12, 2019
Before McKeithen, C.J., Kreger and Johnson, JJ.
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