In Re: James Levi Smith--Appeal from 246th District Court of Harris County

Petition for Writ of Mandamus Denied and Memorandum Opinion filed October 9, 2003.

In The

Fourteenth Court of Appeals

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NO. 14-03-00793-CV

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IN RE JAMES LEVI SMITH, Relator

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

M E M O R A N D U M O P I N I O N

On July 16, 2003, relator filed a petition for writ of mandamus in this Court seeking to vacate the trial court=s September 13, 2002 dismissal of his divorce lawsuit for want of prosecution. See Tex. Gov=t. Code Ann. ' 22.221 (Vernon Supp. 2003); see also Tex. R. App. P. 52. The petition is not in compliance with Tex. R. App. P. 52.3. Furthermore, mandamus relief is available only in limited circumstances to correct a clear abuse of discretion when the relator has no adequate remedy by appeal. Walker v. Packer, 827 S.W.2d 833, 839-44 (Tex. 1992). Relator had an adequate remedy by appeal following dismissal of his case.

We deny relator=s petition for writ of mandamus.

PER CURIAM

Petition Denied and Memorandum Opinion filed October 9, 2003.

Panel consists of Justices Anderson, Seymore, and Guzman.