in Re Albert O. Austin ( 2006 )

Opinion issued September 21, 2006.

In The

Court of Appeals

For The

First District of Texas

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NO. 01-06-00842-CV

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IN RE ALBERT O. AUSTIN, Relator

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Original Proceeding on Petition for Writ of Mandamus

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MEMORANDUM OPINION

          Relator Albert Austin filed a petition for writ of mandamus complaining of Judge Wise’s May 3, 2006 order in favor of Defendant Countrywide Home Loan, Inc., in trial court cause number 2005-34260.

          Mandamus is an extraordinary remedy that will issue only to correct a clear abuse of discretion or a violation of a duty imposed by law when there is no adequate remedy by appeal. Walker v. Packer, 827 S.W.2d 833, 839 (Tex. 1992) (orig. proceeding); Johnson v. Fourth Court of Appeals, 700 S.W.2d 916, 917 (Tex. 1985) (orig. proceeding). Relator has appealed this summary judgment to this Court, which has been docketed as case no. 01-06-00547-CV. Relator has failed to demonstrate that appeal is not an adequate remedy.

          We deny the petition for writ of mandamus.

PER CURIAM

Panel consists of Justices Taft, Keyes, and Hanks.