in Re Alvin Allen Jr. ( 2020 )

In The
Court of Appeals
Ninth District of Texas at Beaumont
__________________
NO. 09-20-00113-CV
__________________
IN RE ALVIN ALLEN JR.
__________________________________________________________________
Original Proceeding
253rd District Court of Liberty County, Texas
Trial Cause No. CV1813827
__________________________________________________________________
MEMORANDUM OPINION
Relator Alvin Allen Jr. filed a petition for writ of mandamus, in which he
contends that the trial court abused its discretion by denying his motion for summary
judgment.
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
1
petition, we conclude that Allen has not demonstrated an abuse of discretion by the
trial court for which there is no adequate remedy by appeal. Accordingly, we deny
the petition for writ of mandamus, and we deny Allen’s motion for temporary
emergency relief.
PETITION DENIED; MOTION FOR TEMPORARY EMERGENCY
RELIEF DENIED.
PER CURIAM
Submitted on April 13, 2020
Opinion Delivered April 30, 2020
Before McKeithen, C.J., Kreger and Horton, JJ.
2